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HomeMy WebLinkAboutZBA-08/14/1984-SPEC Southold Town Board of Appeals MAIN RFIAD- ~TATE RIqAD 25 .~rlUTH~LD, L.I., N.Y. ll~?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI M [ N U T E S SPECIAL MEETING AUGUST 1'4, 1'984 A Special Meeting of the Southold Town Board of Appeals was held on Tuesday. AuQust 14, 1984 at 6:45 pom. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Member; Robert J. Douglass, Member; Serge Doyen, Member; and Joseph H. Sawicki, Member, constituting all .the members. Also present was Victor Lessard, Building-Department Administrator, Shirley Bachrach, League of Women Voters, and Bill James, reporter from the L.I. TraveleriWatchman, Inc. The Chairman called the meeting to order at 6:45 o'clock p.m. APPEAL NO. 3252 - JOHN CHARLES AND M. SLEDJESKI, Main and Narrow River Roads, Orient; 10~. It was the consensus of the board in reviewing this file that a letter be sent to the N.Y.S. Department of Environmental Conserva- tion and the applicants requesting a reevaluation by the D.E.C. since a report has been received indicating that there are many freshwater plans growing on the property, and that more than 50~% of the f~ve-acre parcel is covered in marsh, a series of canals and dikes (ending in a seaward direction). The Chairman said he had spoken recently with Charles Hamilton at the Town Hall, and it was his understanding a reevaluation could be made. It was also noted that we are awaiting comments or approval in accordance with Article 6 from the Suffolk County Health Department concer~ing realty subdivisions and developments. No other action was taken at this time. Southold Town Board of Appeals -2- August 14, 1984 Special Meeting DATE OF SEPTEMBER REGULAR MEETING: On motion by Mr. Goehringer, seconded by Messrs. Sawicki and Douglass, it was RESOLVED, that the day and time of the Regular Meeting for the Month of September, 1984, be and hereby is SCHEDULED FOR THURSDAY, SEPTEMBER 13, 1984, commencing at 7:30 p.m. t~!be held at the South- old Town Hall, Main Road, Southold, New York. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. TWO,FAMILY ZONING COMMITTEE MEETING: The Chairman mentioned that all the board members were welcome to attend the Zoning Committee meeting to be held on Wednesday, August 15th atL7:30 p.m. concerning two-family housing. All the board members felt the code needed changes to allow two,family housing, and that four acres was too stringent. A brief discussion was held. PUBLIC HEARINGS FOR ~SEPTE~BERZ13j]984: The board members agreed that th6 he~iles for each of the following be scheduled for the early September ~egular Meeting, and the following action was taken: On motion by Mr. Goehr~nger, seconded by Mr. Douglass, it was RESOLVED, that the following matters be and hereby ARE SCHEDULED for public hearings to be held Sept6mber~l]37~984~ ~tca~Regular Meet- ing of this board, at the Southold ToWn Hall, Main Road, Southold, New York, commencing at 7:30 p.m.: ~ Appeal No 3206 - Henry P. Smith; Appeal No 3263 - Roger~Munz; Appeal No 3262 - J.P. Huberman; ~ Appeal No 3265 - Fred H. and Georgia Lambrou; ~ Appeal No 3264 - Re,her and Patricia Lollot; s Appeal No 3267~- Constance Klapper; ~ Appeal No. 3242 - Henry Domal. eski~ ~ Appeal No. 3269 - Thomas and Jacqueline Occhiogrosso; ~ Appeal No. 3200 - Robert Entenmann. Sou,thold Town Boardi~ Appeals -3- August 14,~'-~1984 Special Meeting Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. REGULAR MEETING OF AUGUST 23, 1984: Hearings,.continued from the last Regular Meeting, will be held on August 23, 1984 commencing at 7:30 p.m. fo~ the following: Appeal No. 3259 - Nicholas Aliano; Appeal No. 3234 Arthur Truckenbrodt, et al. v. Swanson. NEW MATTERS PENDING: It was the consensus of the board that the following matters be held in abeyance pending receipt of the information as noted below: Appeal No. 3266 - Antone and Jean Mileska. Await P.B. action; A~peal No. 3268 - J. Katharine Tuthill~ Await P.B. action and D.E.C. response; Appeal No. 3272 Ernest G. Curran. Await P.B. Appeal No. 3273 - Academy Printing Services. Await P.B. action. Appeal No. 3274 - Best, Schmitt, Syverson. Await P.B., D.E.C. and County Health (Article 6). Appeal No. 3277 Marie Patterson. Await P.B. action. OTHER MATTERS: The following new matters will be placed on the next agenda for review and resolution to schedule for the Regular Meeting following September 13, 1984 (tentatively October llth): Appeal No. 3270 - Dr. Bala Hari Pillai; Appeal No. 3271 Schellenbeck/Roja-s; Appeal No~ 3275 - Southland Corp.; Appeal No, 3276 - Colgate Desi~gn Corp. ENVIRONMENTAL DECLARATIONS: On motion by Mr. Goehringer, - seconded by Mr. Sawicki, it was RESOLVED to declare the following Environmental Declarations in the Negation, as noted: .Southold Town Board o~Appeals -4- August 14,~984 Special Meeting NEGATIVE ENVIRONM~ENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3262 PROJECT N~%~. H.P HUBERMAN (Owner: R. HQbson) This ~otice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the~.easons 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 proDect. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance to exceed 30% of first f]o0r area of residence for home occupation (physician) use in this A-Residential and Agricultural District. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: North Side of C.R. 48, Sou~ho]d, NY~ County Tax Map Parcel No. ]000-56-3-23 containing approx, one acre in area. RF~ASON (S) SUPPORTING THIS DETEPJMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the enviro~ent are likely to occur should this Droiect be imple- mented as ~lanned~ - ~ · ~ 12')TM~he premisesin question is hot'located within 300 feet of tidal wetlands or other critical environmental area. Southold Town Board o>Appeals -5- August 14,~-¥984 Special Meeting NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-S~gnificance APPEAL NO. 3263 PROJECT NA~k: ROGER MUNZ (J. Moisa) This ~otice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the-~Jasons indicated below. Please take further notice that this declaration should no~ 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 f0r_re]ief of Condition No. 7 of Prior Appeals 3]00 and 3]0] of May 27, ]983. LOCATION OF PROJECT: ToWn of Southold, County of Suffolk~ more particularly known as: North Side of Main Road, Mattituck, NY: ]000-]40~03-038. REASON(S) SUPPORTING THIS DETERMINATION: Il) 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 wetlands or other critical environmental area. Southold Town Board o ~ppeals -6- August V4, 1984 Special Meeting NEGATIVE ENVIRONbIENTAL DECLAP~TION Notlce of Determination of Non-Siqnificance APPEAL NO.: 3242 PROJECT NA/~E: HENRY DOMALESKI This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the-~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: IX] Type Ii [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for ]0t width. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: R.0.W. Oregon Rd., Cutch09ue, NY; County Tax Map No. 1000-95-t-11,12. P~EASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2-) Approval has been obtained from~he N.Y.S:. Department of E~viron- mental Conservation and/or the Suffolk Count~ Department ~f Health Services. (3) ~he relief requested is a setback or lot line ~ariance, which does not require further processing under "~ype II" Actions of the State Environ~ mental Quality Review Act. Southold Town Board o{ ~ppeals -7- August 14, 1984 Special Meeting NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3264 PROJECT NAS~: PATRICIA & REINER LOLLOT This ~otice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the-~Jasons 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 proDect. TYPE OF ACTION: IX] Type II [ ] Unlisted ~ ] DESCRIPTION OF ACTION: Varian'ce for 5' high fence in fr0n%yard area. LOCATION OF PROJECT: Town of Southold, County of Suffolk~ more particular~ known as: Ryder Farm Lane,. Orient, NY; County Tax ~ap No. 1000-15-5-24.11. REASON(S) SUPPORTING THIS DETEPd~INATION: Il) 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) E~e property in question is not located within ~00 feet of tidal wetlands or other critical environmental area. Southold Town Board o¥ Appeals -8- August 14~-~'984 Special Meeting NEGATIVE ENVIRONS~NTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3267 PROJECT NAME: CONSTANCE KLAPPER This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the r--~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 I ] Unlisted ~ ] DESCRIPTION OF ACTION: Variande lot size/f]o0r area of cottage. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Dignans Rd., Cutchogue, NY; County Tax Map No. 1000-83-2-5. REASON(S) SUPPORTING THIS DETE~4INATION: (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) ~he premises in question is at an elevation of qO or more feet above mean sea level. ~ (3) ~he relief requested is a setback or lot line variance: which does no~ require further processing under "Type II" Actions of the State Environmental Quality Review Act. Southold Town Board of Appeals -9- August 14, 1-~84 Special Meeting S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3200 PROJECT NAME: ROBERT ENTENMANN This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law $44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that. this declaration should not be considered a determination made for any other department or agency which may also have an applicatzon pending for the same or similar' project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: InsuffiCient area and width of parcel to be set-off in this proposed division of land. LOCATION OF PROJECT: Town of Southold, county of suffolk, more particularly k~pwn as: R-o-W at North Side_of Sound Avenue, Mattituck; 1000-112-1-7. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (~--~Th-e~parcel in question hss~s~%~a~i~¢t buildable a~eai-at . elevations above 75' from mean sea level; (3) DEC permit #10-83-1651 for this project was issued 6/6/84. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary~ Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. Southold Town Board Appeals -10- August 14,_~.,984 Special Meeting NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3269 PROJECT NA~: THOMAS & JACQUELINE 0CCHIOGR0SS0 This ~otice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the-~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: iX] Type II [ ] Unlisted f ] DESCRIPTION OF ACTION: Fr0ntyard variance from #3031. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 1580 C0rey Creek Lane, South0]d, NY; County Tax Map No. 1000-78-4-19. 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 enviroru~ent are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback or lot line variance: which does not require further processing under "Type II:' Actions of the State Environmental Qualit~ Review Act. Southold Town Board of Appeals -ll- August 14, 1984 Special Meeting NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3265 . ~ PROJECT NA/~,~: FRED '& GEORGIA L~MBROU 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 slgnifi= cant adverse effect on the environment for the--r~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: Va.rianc~ for accy. bldg. in fr0ntyard area. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Aquaview. Ave., East Marion, NY; County /ax Map No. 1000=22-2-1. 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; (29 Construction proposed is landward of existing buildings. (3) The premises in question is at an~elevation of qO or more feet above mean sea level. Southold Town Board of ~ppeals -12- August 14, 19~_. Special Meeting NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Siqnificance APPF2kL NO.: 3279 PROJECT N~_~iE: ERNEST M. GEUTTINGER This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the To%rn of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the r~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: IX] Type II [ ] Unlisted f ] DESCRIPTION OF ACTION: Variance for accy. bldg. in fr0ntyard area. LOCATION OF PROJECT: Town of Southold~ County of Suffolk, more oarticularlv known as: 950 0ak St., Cutchogue, NY; ¢0unty Tax ~ap No. 1000-136-1-37. REASON(S) SUPPORTING THIS DETER~4INATION: {!) An Envirozumental 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) Location proposed for accessory 'building is landward of existing dwelling structure. Sou%hold Town Board of Appeals -13- August 14,'"~984 Special Meeting NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3272 PROJECT NA/~: ERNEST G. CURRAN 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 Southoid. This board determines the within project not to have a signifi- cant 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: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for division/insuff, area & width. LOCATION OF PROJECT: Town of Southold, Countv of Suffolk more particularly known, as: Rabbit Lane, East Marion, NY; ~ County Tax Map No. 1000-31-17-14. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; ~) The relief requested is a setbac~ or lot line variance, which does not require £yrther processing under "Type II" Actions of the State E~viroumental Quality Review Act. Sou%hold Town Board Of Appeals -14- August 14,'~984 Special Meeting NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Si~ificance APPEAL NO.: 3276 PROJECT NAPkin: COLGATE DESIGN COR1°. This ~otice 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~ of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the-~Jasons 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 similhr project~ TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for accy. bldg. w/insuff, sideyard setback. LOCATION OF PROJECT: Town of Southold~ County of Suffolk, more particularly known as: ~ain Rd.~ Cutchogue~ NY; County Tax Map No. f000-~02-5-2~. 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 property in question is not located within 300 feet of tidal wetlands or other environmental area. Southold Town Board of Appeals -15- August 14, 1¥84 Special Meeting NEGATIVE ENVIRONMENTAL DECLAt~ATION Notice of Determination of Non-S~gnificance APPEAL NO.: 3270 PROJECT NAM. E: DR. BALA HARI PILLAI This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y~S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the r---~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 simii~r project. TYPE OF ACTION: iX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for sleeping quarters in accy. bldg. LOCAT~QN OF PROJECT: Town of Southold, County of Suffolk~ more particularly known as: Pec0nic Bay Blvd.., Laurel, NY; County Tax Map~ N0. 1000-126-11-19. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; '(~) Along the seaward end of the premise~ is an existing bulkhead the full width of the premises in good.condition. Southbld Town Board of Appeals -16- Augus.t 14, 1984 Special Meeting NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Silnificance APPEAL NO.: 3271 PROJECT NAME: SCHELEENBACH'& ROJAS This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article $ of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the To~ of Southold. This board determines the within project not to have a signifi- cant 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 ]0t coverage/rear & sideyard setback. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 1225 Ninth St., Greenp0r~, N¥~ County Tax Map No. 1000-48-3-28. 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; 'ii) The property i'n question is'not'located within 300 feet of tidal wetlands or other critical environmental area. (3) This projec-t is a setback variance, not requiring further pro- cessing under the SEQRA rules for "Type II" projects. Sou-thold Town Board 6if Appeals -17- August 14,~1984 Special Meeting ~EGATIVE ENVIRON~IENTAL DECLARATION Notice of Determination of Non-S~nificance APPEAL NO.: 3275 PROJECT NAME: $0UIH[AND CORP. This notice is issued pu'rsuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the To%rn of Southold~ This board determines the within project not to have a signifi- cant adverse effect on the environment for the ~easons indicated' below~ Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for accy./insuff, sideyard setback. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Main Rd., S0utho]d, NY; County Tax Map No. 1000-62-3-37. REASON(S) SUPPORTING THIS DETERMINATION: {t) 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) ~he property in question is ~ot-tocated within 300 feet of tidal wetlands or other critical environmental area. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. Southold Town Board o]~-~'Appeals -18- August 14, '1984 Special Meeting RESERVED DECISION: ApPeal No. 3255: Upon application of THOMAS HIGGINS, 48 Kenwood Road, Garden City, NY 11530, for a Variance to the Zo~dinance, Article III, Section 100-31 for permission to construct de~k addition to dwelling with reduc- tion of frontyard setback from Cedar Point Drive East. Identification of Property: 80 Lakeside Drive (a/k/a 675 Cedar Point Drive East), Southold; Cedar Beach Park Subdivision Lot No. 81; County Tax Map Parcel No. 1000-90-03-014. The public hearing on this matter was held on July 26, 1984, at which time the hearing was declared closed pending deliberations. The board made the following findings and determination: By this appeal, applicant seeks a Variance to Article III, Section 100-31, Bulk Schedule of the Zoning Code, for permission to construct walkway deck five feet in width, reducing the fron~yard setback of the new dwelling structure to 26 feet. The existing frontyard setback is shown to be 31 feet from Cedar Point Drive East on the copy of the survey submitted with this application. The walk- way will lead to the proposed side deck addition which is shown to be set back 11 feet from the side property line (which is permitted under the current sideyard requirements of the Code). For the record it is noted that this new one-family dwelling has been authorized by Building Permit #12555Z issued August 27, 1983. The premises in question cortains an area of approximately 13,400 sq. ft. with 183.34' frontage along Cedar Point Drive East and 184.18±' frontage along Lakeside Drive. The parcel is of a "triangular" nature with mos~ of the open yard area technically "frontyards." The existing dwelling structure is set back 35' from Lakeside Drive, 31' from Cedar Point Drive East, and 11'3" from the easterly side property line. The parcel in question is known as referred to as Lot 81 of the Subdivision of Cedar Beach Park, Map No. 90, of December 20, 1927. The board members have visited the site in question and are familiar with the neighborhood. Although this parcel is of a shape that frequently requires variances, the hardship does appear self-imposed and the "significant injury" burden has not been shown. The applicant has requested a five-foot walkway, and it is the board's opinion that a three-foot reduction for that purpose, leaving a 28' frontyard setback, would suffice. Now, therefore, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3255, application of THOMAS HIGGINS, for a reduction of frontyard area for a walkway/deck as noted below, BE AND IS HEREBY APPROVED AS FOLLOWS: Southold Town Board o~ Appeals -19~- August 14, '~984 Special Meeting (Appeal No. 3255 THOMAS HIGGINS, continued:) 1. The walkway/deck shall not exceed three-feet in width, leaving not less than a 28' frontyard setback from Cedar Point Drive East, and 2. That the walkway/deck never be roofed or enclosed. Location of Property: Lot 81, "Cedar Beach Park" Map No. 90, 80 Lakeside Drive (a/k/a 675 Cedar Point Drive East), Southold, NY; County Tax Map Parcel No. 1000-90-03-014. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. RESERVED DECISION: Appeal No. 3227: Upon application for EUSTACE C. ERIKSEN, 1085 Westview Drive, Matti- tuck, NY for a Variance to t~T6~-6ning Ordinance, appealing the December 12, 1983 decision of the building inspector in order to permit the conversion and renovation of a "guest 'cottage" or second dwelling structure at premises known as 1085 West View Drive, Mattituck; County Tax Map Parcel No. 1000- 139-1-3. 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 to reverse the decision of the Building Inspector dated December 12, 1983 concerning an application for a building permit to construct guest cottage (conversion) dated May 13, 1983, which was disapproved on the following grounds, to wit: "Article III, Section lO0-30(A)[1], one-famil~ dwelling not to exceed one dwelling on each lot..." and based on erroneous advice given in the 1970's by a prior building inspector. On October 3, 1975, Certificate of Occupancy No. Z6726 was issued by a building inspector for a "private one-family dwelling with accessory building--can be guest cottage with no cooking facilities," to Gildersleeve and Krebs, predecessors in title. On the same date, a housing code inspection report was prepared by the building department, presumably prior to the issuance of the Certificate of Occupancy, indicating that the former garage has been altered for four rooms and a bathroom, and that a sewage drainage system had been installed in the slab of foundation. The applicant purchased the subject premises on July 22, 1977. On August 12, 1983, building permit No. 12492Z was issued for an addition to the subject detached garage structure. Southold Town Board of Appeals -20- August 14, 1984 Special Meeting (Appeal No. 3227 - EUSTACE C. ERIKSEN, continued:) Applicant contends that no cooking facilities have been, nor do they exist on the premises, and accordingly does not understand the reason- ing of the building inspector's decision. The board members have visited and are familiar with the site in question as well as the neighborhood. Upon inspecting the interior of the structure in question with the applicant, the board found that the building was being used for sleeping quarters, with kitchen cabinets, but without cooking facilities. Applicant contends that cooking facilities are not being requested and therefore compliance is made with Certificate of Occupancy issued October 3, 1975. No evidence has been presented indicating that the building in question is not in conformity with the Certificate of Occupancy of October 3, 1975 sufficient to warrant a denial of the applicant's request. As of the date of this decision, Building Permit No. 12492Z is pending and improvements to this structure as applied for therein have been started. Accordingly, under the circumstances of this appeal and due to lack of sufficient evidence to uphold the building inspector's decision, the following resolution was adopted: On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that the relief requested in Appeal No. 3227, in the matter of EUSTACE C. ERIKSEN for permission to continue use Of the accessory building for sleepl.ng quarters, without cooking facilities, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. NO cooking facilities; 2. Not to be used as a one-family dwelling (shall be for sleeping or residential storage purposes only)~ 3. All new, future construction must not exceed 20% of the total (all buildings) maximum-permitted lot coverage. Location of Property: 1085 Waterview Drive, Mattituck~ NY; County Tax Map Parcel No. 1000-139-1-3. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution waE adopted by unanimous vote of all the members. Southold Town Board of Appeals -21- August 14, ~,~84 Special Meeting RESERVED DECISION: Appeal No. 3258. Upon application of VINCENT GRIFFO, by I. L. Price, Esq., 828 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for.permission to construct tennis court and pavillion, both accessory to a proposed one-family dwelling and both accessory buildings to be located in an area other than the required rearyard. at premises known as 3765 Robinson Road (West Side of Bridge or Briar Lane), Paradise Po.irt Subdivision Lot 12 and part of parcel known as County Tax Map 1000-81-1-16.1 at Southold. The public hearing on this matter was held on July 26, 1984, at which time the hearing was held and closed pe_nding deliberations. The bo6rd made the following findings and determination: By this appeal, applicant seeks a variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory tennis court and accessory pavillion structures in the frontyard area of the parcel in qsestion. Section 100-32 permits accessor~ buildings 9nly in the rearyard area. The tennis court is proposed to be of a size 55' by llO' with setbacks from Briar Lane of five feet, from the westerl~ ~oper'ty line 10 feet at its neare~ point, 'and approximately 6.2 feet frQm the southerly property line. The pavillion is prQposed to be set back 43' from the southerly, property line and ~2± from the property line along Briar Lane~ Also proposed'~"~ a two-sto?y frame~ oQe-family dwelling structure contai.ning approximately 1,_925 sql._ ft. of ground area ....... The premises in question contains an area of 18,750± sq. ft. and is shown to be lot 12 and t2A of the Major Subdivision of Paradise Point Corporation p~rs~nt to the April 12,~ 1984 survey prepared by Donack Associates submitted with this _appl. icat~on, and i..s shown to be part of Lot 4'of~the Minor Subdi~vision for Paradise Point Corpora- tion, Map #~232, appr.oved'by the Planning Bgard during 1981. The land i~ presently vacant. In considering this appeal, the board finds and determines that the relief as requested be denied for the fR]lo.~i'ng reasons: (a) that a lot line adjustment has been made without application to or approval from the town; (b) that the relief as n~quested would substantially exceed the maximum-per'mitred 2.~% lot coverage b~. more than 4,400± sq- ft.(Section 100-31); (c) that the burden of proof is not sufficient to warrant the granting of this ~pplicatio'n_; (d) that the interests of justice woul'd not be.~serve'd nor.would the relief requested promote the safe't~ health, welfare or convenience of the town in view of the manner in which the difficul'ty arose; (e) that the character O~ ~e neighborhood would be affected under the circumstances. Now, therefore, on motion by Mr. Gri. gonis, seconded by Mr. Sawicki, it was Southold Town Board ~f Appeals -22- August 14,~'1984 Special Meeting (Appeal No. 3258 - VINCENT GRIFFO, continued:) RESOLVED, that Appeal No. 3258, application of VINCENT GRIFFO for an accessory tennis court and accessory pavillion in an area other than the required rearyard, BE AND HEREBY IS DENIED WITHOUT PREJUDICE TO REAPPLY. Location of Property: Paradise Point Corporation, Minor Subdivision Map #232, part of Lot 4, and Lots 12 of Paradise Point Major Subdivision, Section I filed April 11, 1963, at Southold, NY; County Tax Map Parcel No. 1000-81-1-16 and part of 16.1. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resoletion was adopted by unanimous vote of all the members. RESERVED DECISION: Appeal No. 3247. Upon application of ERNEST AND JEAN STUMPF, 207 Roxbury Road South, Garden City, NY 11530, for a Variance to the ~ing Ordinance, Article III, Section 100-32 (and/or Section 100-31) for permission to construct raised deck with an insufficient setback in the side and rear yards at the West Side of South Oakwood Drive, Laurel; County Tax Map Parcel No. 100D-145- 03-005. 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, applicants seek a Variance to the Zoning Ordinance for permission to construct a wooden deck which is shown to be attached in this proposal to the existing one-family, one and one-half story dwelling structure leaving an insufficient rearyard setback of less than 10 inches and extending around the southwest corner of the house into the sideyard eight feet, leaving an insufficient sideyard setback of approximately one foot. The deck is proposed to be raised at an elevation approximately eight feet above ground level. The premises in question contains an area of approximately 8,450 sq. ft. with 65' frontage along South Oakwood Road and a depth of 130 feet. The premises is improved with a one-family dwelling which covers approximately 1,816 sq. ft. of ground area. The deck structure as proposed would contain an area of approximately 292 sq. ft., and the total lot coverage would be 2,108 Sqo ft. (maximum permitted is 20% or 1,690 sq. ft.). Section 100-31 of Article III of the Zoning Code permits a setback for principal buildings for parcels in the "A" Residential Zoning Dis- trict at 35 feet in the rearyard, 10 feet in one sideyard, and a total of 25 in both side yards. The relief in the board's opinion is substan- tial for the following reasons: (a) the percentage of relief requested is approximately 90% of the existing setback which is less than the normal 35' rearyard setback and 15 sideyard setback, (b) the existing So~thold Town Board of Appeals -23- August 14,-~984 Special Meeting (Appeal No. 3247 - ERNEST AND JEAN STUMPF, continued:) and proposed structure will exceed the maximum-permitted 20% lot coverage as required by Section lOOL31 of the Bulk Schedule, (c) the deck would not be in the interest of neighboring parcels or. allow sufficient privacy. Also, in making this determination, the board finds for the reasons stated above, (1) that change will be produced on the character of the neighborhood and detriment adjoining properties, (2) that the interests of justice will not be served by allowing the deck as applied, (3) that the variance as applied will not promote the health, safety and welfare of the community. NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested in Appeal No. 3247 in the matter of ERNEST AND JEAN STUMPF, BE AND HEREBY tS DENIED AS APPLIED. Location of Property: West Side of South Oakwood Drive, Laurel, NY; County Tax Map Parcel No. 1000-145-03-005. Vote of the Board: Ayes: Messrs~ Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. RESERVED DECISION: Appeal No. 3256: Upon application of SOUTHOLD EQUITIES, INC., 195 Youngs Avenue, Southold, NY for a Varianc'e''to the Zoning Or--~-~inance, Article VII, Sec- tion 100-71 for approval of insufficient area of two proposed lots which contain existing buildings, the northerly lot having frontage along Traveler Street, and the southerly lot having frontage along Main Road, in the Hamlet of Southold; County Tax Map Parcel No. 1000-061-1-15.1 (15). The public hearing on this matter was held on July 26, 1984, at which time the hearing was declared closed Bending delibe~.ati~ns. The board made th~following findings an~ determination: By this appeal, app-licant seeks a variance to the provisions of Article~ VII, Se~tiQ9 100~71, Bulk Schedule of the Zoning~ Code, for approval of the proposed lot area of each of two parcels in this division of land. The most northerly parcel will...contain an area of 24,~95~ sq. ft. -and is presently.~mprov~ with a one-story frame building~ The sout'herly ~arcel will contain an area o~ .356± ~acreage and.. is..presently improved with th'tee buildings: (1) one-story stucco building set back 6± inches from the southerly p~.~perty line; (2) an accessory garage/storage building located along a concrete retain- ing wall on the west side_; '(3) a~o~e-famiiy~'~o'-st~y frame house~ to the north of {he garage/storage building._ The subj~9t premises is located in the "B-1 General Business" 'D~strict, 'and it is noted for the record that"a ..prior ~application has been made and conditionally approved as noted in Appeal No. 3145, decision rendered J~ne 17, 1983 i-~~ Southold Town Board ~-i~ Appeals -24- August 14~g~1984 Special Meeting (Appeal No. 3256 SOUTHOLD EQUITIES, INC., continued:) for a residential use of the most northerly building along Traveler Street. The board members have visited the site in question and are familiar with the surrounding p~rcels, which are similar in size or smaller than that proposed 'by this application. Also, in consider- ing this appeal, the board determines: (a) that the relief requested is not substantial since the lots will conform with the character of the neighborhood; (b) that a substantial change will not be produced that would detriment adjoining properties inasmuch as the buildings have existed since the enactment of zoning; (c) that the difficulty cannot be obviated by some method feasible for the applicant to pursue other than a variance; (d) that no effect will be produced on available governmental facilities of increased population; and (e) that in view of the manner in which the difficulty arose and in consideration of all the above factors, the interest of justice will be served by allowing the variance, as indicated below. Now, therefore, on motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that the application applied for in Appeal No. 3256, SOUTHOLD EQUITIES, INC., fQ.~.~approval of insufficient area of two parcels in this-proposed~division of lan'd, BE AND HEREBY IS APPRDVED SUBJECT TO THE'FOLLOWING C.OND~TIONS: 1. No further front, side, and/or rearyard setback reductions which do not comply with the zoning Code, bulk schedule requirements; 2. No further division or set-off within either parcel (which would further reduce the lot areas). Location of Property: North Side Main Road and South Side Traveler Street, Southold~ NY; Coun'ty Tax Map Parcel No~. 100061-1-.15.1 (15). Vote of the Board: 'Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resola.ti'on was adopted ]by upanimous vote of all the members. Sou,thold Town Board of Appeals -25- August 14,~-~1984 Special Meetin9 RESERVED DECISION: Appeal No. 3232: Upon application for BERTRAM AND MARGERY WALKER, by R.T. Haefeli, Esq., Box 757, Riverhead, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, for: (a) an interpretation that the existing cottage and garage are valid preexisting, nonconforming uses and structures; (b) approval of a wooden deck as an accessory structure in the sideyard; (c) approval of a reduction of livable floor area of a proposed dwelling conversion to 500 sq. ft. and approval of insufficient sideyards. Premises located at Edgemere Park, MacDonald's Path off Peconic Bay Boulevard, Laurel; County Tax Map No. 1000-145-4-014. The public hearing on this matter was held on May 17, 1984 and June 21, 1984, at which time the hearing was declared closed pending deliberations. The board made the following findings and determination: This is an appeal to Article III, Section lO0-31 and Notice of Disapproval issued March 8, 1984 by the Building Inspector requesting the following: (a) an interpretation that the existing cottage and garage are valid preexisting, nonconforming uses and structures; (b) approval of a wooden deck as an accessory structure in sideyard; (c) approval of a reduction of livable floor area of a proposed dwelling conversion to 500 sq. ft. and approval of insufficient sideyards. The premises in question is known and referred to as Lots 15 through 18, "Map of Edgemere Park," filed July 2, 1931 as Map ~742 in the Office of the Suffolk County Clerk. Survey amended March 21, 1984 prepared by Young & Young for the applicants depicts the following: (a) Parcel A consisting of Lots 18 and 17 having an area of 16,857 sq. ft. and an existing one-family house set back 12.9 feet from the "road- way" and 13.2 feet from the northeasterly side property line of Lot 17; (b) Parcel B consisting of Lots 16 and 15 having an area of 16,118 sq. ft., existing one-story frame structure denoted "cottage and garage" set back 13.8' (exclusive of deck) from the southwesterly side property line of Lot 16, and 7.6' by 8' and 8.5' by 12.2'-frame sheds along the northeasterly property line of Lot 15 and "roadway." For the record it is no~ed that "Edgemere Park" Subdivision Map is listed in Sect'ion 100-12 as "excepted from the lot area and lot width requirements" (Local Law No. 5-1973). The board members are familiar with the sites in question as well as the surrounding neighborhood. Also, the board members have considered the testimony and documentation submitted during the public hearing both in support and in opposition to this appli- cation. Southold Town Board o ~Appeals -26- August 14,~984 Special Meeting (Appeal No. 3232 BERTRAM AND MARGERY WALKER, continued:) Article III, Section lO0~31 of the Zoning Code allows setbacks in this "A" Residential and Agricultural District for lots contain- ing less than 40,000 sq. ft~ in area as follows: (a) minimum sideyard lO feet; (b) minimum total sideyards 25 feet. By this application, a variance is required to allow a setback of 5.7 feet from the wooden deck from the southwesterly property line of Lot 16 and total sideyards of 13.1 (21.2 feet exclusive of deck), as shown on the March 21, 1984 survey. Applicant has requested in the application total sideyards of 16.40 feet, which does not include the stDop 4.8' reduction. The wooden deck is located within inches from the cottage/garage structure for which a build- ing permit has not been obtained and is required. It is the opinion of the board that although sufficient evidence has been presented for an intepretation as to the valid nonconforming use and setback of the principal cottage/garage structure, the applicants have not shown that they would suffer "significant economic injury" by the application of the area standard for the insufficient sideyard setback reductions for the wooden deck as exists, and the evidence supplied is not sufficient to warrant the sideyard relief as requested. The Zoning Ordinance requires a 15' setback, or that established which is 13.8 (stoops exclusive) feet. The relief requested is substantial, being 60% of the requirements. An insufficient setback of nine feet would be less substantial, approximately 30% of a variance, and which the board feels sufficient under the circumstances. Also, the applicant has not submitted sufficient evidence to warrant approval of the reduc- tion of the livable area of the structure to less than the required 850 sq. ft. in a conversion to a one-family dwelling; and accordingly, that relief cannot be granted as applied. It is also the interpretation of this board that the structure referr~ed to as "cottage and garage" was constructed prior to the adoption of zoning in 1957, that the one-story building in question was and has been used, although on a seasonal basis, as sleeping quarters since prior to the enactment of zoning, its use for sleep- ing quarters is validly nonconforming and the building as exists without the deck is a valid nonconforming structure. This inter- pretation is based on the evidence and testimony submitted in the record. Now~ therefore, on motion by Mr. Goehringer, seconded by Mr. Sawicki,i~it'.was.~ RESOLVED, that: (1) the one-story building in queStion, was and has been used - as sleeping quarters since prior to the enactment of zoning and Southold Town Board o"~'Appeals -27- August 14~-q984 Special Meeting (Appeal No. 3232 - BERTRAM AND MARGERY WALKER, continued:) therefore this board interprets its use for sleeping quarters to be a valid preexisting, nonconforming use; (2) the one-story building in question was constructed prior to the adoption of zoning and therefore this board interprets same to be a valid preexisting "structure"; (3) the deck in question is in fact within inches from the subject building and is not accessory but is interpreted to be a part of the principal structure, and that the applicant has not shown "unnecessary hardship" or "practical difficulties" sufficient to warrant the granting of the sideyard reduction and therefore the reduction of the deck to less than nine feet from the side property line is not granted; (4) the use of the one-story building as a one-family ~esidence is questionable and therefore is i~terpr~eted not to be a valid preexisting, nonconforming use~as such; and accordingly, the use of this structure~with a reduction to 500 sq. ft. of livable area for one-family dwelling use is not granted. Location of Property: MacDonald's Path off Peconic Bay Boule- vard, Laurel; Edgemere Park, Lots 15, 16, 17 and 18; County Tax Map Parcel No. 1000=145=4-014. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. RESQLUTION OVERRIDING C-OUNTY PLANNING: Appeal No. 3232-Walker: On'motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to override the action of the Suffolk County Planning. Commission in the~matter o~ Appeal-No..3232, Suffolk County File No. SD-84-8, for BERTRAM AND MARJORIE'WA~KE~, letter d~ted.Au, gust 2, 1984, as noted by this b~ decision, supra, and that nOti'ce of same be forwarded to the Suffolk County Planning Commission accordingly. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. EXECUTI'VE'SESSZON: On motion.~by Mr. 'Goehringer, seconded by Mr. Douglass, it was - RESOLVED, to enter into "executive session" at this time for the ,urposes of discussing recent"litigation in the~Matters of Kathrine rr,~.by Stanley Corwin, Esq. and ~l.f~ed J. Terp~ 'by R. Cron, ~Esq. -Sou'ghold Town Board of Appeals -28- August 14, 1984 Special Meeting Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. Executive Session 8:00 p.m. to 8:10 p.m. Following executive session, the Chairman moved to adjourn, seconded by Mr. Sawicki, and unanimously carried. The meeting adjourned at 8:10 p.m. Respectfully submitted, owalski, 'Secretary Southold Town Board of Appeals N~ember ~ ~84-- ~proved AND FILED BY SOUTi{OLD TO%~N CLERK Tom of Sout~ld