HomeMy WebLinkAboutZBA-04/13/1989APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR.
Southoid Town Board of Appeals
MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516} 765-1809
FAX NO. (516) 765-1823
MINUTES
REGULAR MEETING
THURSDAY~ APRIL 13~ 1989
A Regular Meeting was held by the Southold Town Board of
Appeals on THURSDAY, APRIL 13, 1989 commencing at 7:30 o'clock
p.m. at the Southold Town Hall, Main Road, Southold, New York.
Present were: Gerard P. Goehringer, Chairman; Member
Serge J. Doyen, Jr.; Member Charles Grigonis, Jr.; Member Joseph
H. Sawicki and Member James Dinizio, Jr. (all five members).
Also present were: Linda Kowalski, Assistant, and approximately
30 persons in the audience at the opening of the meeting.
The Chairman opened the meeting and proceeded with the
following public hearings:
7:40 p.m. Appl. No. 3832 - JOHN FORSBERG. Variance to the
Zoning Ordinance, Article XXIV, Section 100-242 (and Article
III-A, Section 100-30A.3) for permission to construct deck(s) to
existing single-family dwelling structure, maintaining the
nonconforming sideyard setback as exists at the westerly side.
Lot area of premises is nonconforming at approximately 11,500
sq. ft. in this R-40 Zone District. Location of Property:
1310 West Road, Cutchogue, NY; County Tax Map No. 1000-110-5-12.
Following testimony, the hearing was concluded, pending
deliberations.
7:45 p.m. Appl. No. 3839 - DIANE DUNBAR. Variance to the
Zoning Ordinance, Article III, Section 100-31 as disapproved,
Article III-A, Section 100-30A.3 and Article XXIV, Section
100-242B for permission to construct open deck addition with an
insufficient setback from the front property line along Dogwood
Lane (west). Lot area of premises is nonconforming at 16,423+-
square feet in this R-40 Zone District. Location of Property:
615 Dogwood Lane, East Marion; Map of Gardiners Bay Estates,
Section 2, Lot Nos. 98 and 99; County Tax Map No. 1000-37-1-11.
Following testimony, the hearing was concluded, pending
deliberations.
Southold Town Board of Appeals -2- April 13, 1989 Regular Meeting
(Hearings, continued:)
7:49 p.m. Appl. No. 3833 - PETER DESANCTIS. Variance to
the Zoning Ordinance, Article III-A, Section 100-30A.3 for
approval of open deck addition with an insufficient setback from
the southerly side property line, adjacent to existing fence
enclosure. Lot area of premises is nonconforming at
approximately 26,964 sq. ft. in this R-40 Zone District.
Location of Property: 380 Inlet Lane, Greenport, NY; County
Tax Map No. 1000-43-5-2. Following testimony, the hearing was
concluded, pending deliberations.
7:53 p.m. Appl. No. 3836 - ANNA SCHALLER. Variance to the
Zoning Ordinance, Article III, Section 100-31 as disapproved,
Article III-A, Section 100-30A.3, and Article XXIV, Section
100-242B for permission to construct (garage) addition with an
insufficient setback from the northerly side property line and
insufficient total sideyards. Lot area of premises is
nonconforming at approximately 11,718 sq. ft. in this R-40 Zone
District. Location of Property: 115 Parson's Boulevard
(Private Road), East Marion, NY; Map of Gardiners Bay Estates,
Lot No. 77 and part of 78; County Tax Map Parcel No.
1000-37-2-5. Following testimony, the hearing was concluded,
pending deliberations.
8:03 p.m. Appl. No. 3837 - WAYNE L. AND TERESA A.
MAZZAFERRO. Variance to the Zoning Ordinance, Article XXIV,
Section 100-244 and Article III-A, Section 100-30A.3 for
permission for approval of existing swimmingpool with deck areas
which will have an insufficient rearyard setback when attached
by a raised deck to the rear of the existing dwelling. Lot area
of premises is nonconforming at 10,000 sq. ft. in this R-40 Zone
District. Location of Property: 1650 Gillette Drive, East
Marion, NY; Map of Marion Manor, Lot #17; County Tax Map Parcel
No. 1000-38-2-17.
Action was taken by the Board (continued on next page).
%
Southold Town Board of Appeals -3- April 13, 1989 Regular Meeting
ACTION OF THE BOARD OF APPEALS
Appl. No. 3837:
Application of WAYNE L. MAZZAFERRO for a Variance to the
Zoning Ordinance, Article XXIV, Section 100-244, and Article
III-A, Section 100-30A.3 for permission for approval of existing
swimmingpool with deck areas which will have an insufficient
rearyard setback when attached by a raised deck to the rear of
the existing dwelling. Lot area of premises is nonconforming at
10,000 sq. ft. in this R-40 Zone District. Location of
Property: 1650 Gillette Drive, East Marion, NY; Map of Marion
Manor, Lot #17; County Tax Map Parcel No. 1000-38-2-17.
WHEREAS, a public hearing was held and concluded on April
13, 1989 in the Matter of the Application of WAYNE L. MAZZAFERRO
under Appeal No. 3837; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located along the west side
of Gillette Drive in the Hamlet of East Marion, Town of
Southold, and is identified on the Suffolk County Tax Maps as
District 1000, Section 038, Block 2, Parcel 17.
2. The subject premises contains a total lot area of
10,000 sq. ft., road frontage of 100.0 feet and lot depth of
100.0 feet, as more particularly shown on the survey map
prepared by Roderick VanTu¥1, P.C. August 4, 1978.
$outhold Town Board of Appeals -4- April 13, 1989 Regular Meeting
Southold Town Board of Appeals
April 13, 1989 Regular Meeting
CDecision - MAZZAFERRO Appl. No. 3837, continued:
10. It is the opinion of the Board that the difference
between an accessory structure and an addition to the principal
structure is the separation between the steps and the pool deck
areas. The alternative to distinctly separate the two
structures is not feasible considering all the above facts and
events.
11. In considering this application, the Board also finds
and determines:
(a) the relief to allow the bottom step to remain as
constructed is not unreasonable under the circumstances;
(b) the variance requested is uniquely related to the
property and the circumstances under the application for the
building permit;
(c) the variance requested is the minimal necessary
to afford relief and is not substantial;
(d) the variance will not in turn be adverse to the
safety, health, welfare, comfort, convenience, or order of the
town, or be adverse to neighboring properties;
(e) in view of all the above, the interests of
justice will be served by granting the relief, as requested.
On motion by Mr. Dinizio, seconded by Mr. Sawicki, it was
RESOLVED, to GRANT the relief requested for construction of
steps leading to deck between the rear of the existing dwelling
structure and the existing swimmingpool construction, as applied
in the Matter of WAYNE L. MAZZAFERRO under Appl. No. 3837.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Grigonis, Sawicki and Dinizio. This resolution was duly adopted.
$outhold Town Board of Appeals -5- April 13, 1989 Regular Meeting
Southold Town Board of Appeals April 13, 1989 Regular Meeting
(Decision - MAZZAFERRO Appl. No. 3837, continued:
3. The subject parcel is improved with a single-family,
1-1/2-story frame house, and inground swimmingpool with decks
and fence enclosure constructed under Building Permit No. 16728Z
(issued February 5, 1988).
4. By this application, appellant requests a variance for
approval of the construction of step area between the existing
pool decks and existing dwelling structure, thereby changing the
status of the entire pool construction from accessory to part of
the principal structure (see Notice of Disapproval from Building
Inspector issued March 3, 1989).
5. This parcei and the immediately surrounding parcels are
located in the R-40 Zone District with nonconforming lot areas.
6. For the record it is noted that the subject parcel is
known and referred to as Lot No. 17 on the filed Subdivision Map
of "Marion Manor," which is and has been included on the list of
"exceptions" pertaining to lot size.
7. Article III-A, Section 100-32-A and Column ii of the
Bulk Schedule, of the Zoning Code requires a minimum rear yard
setback at 50 feet for a principal structure. Accessory
structures are permitted under Section 100-33 to be located in
the rear yard with a minimum setback from all property lines at
not less than three feet.
8. Article XXIV, Seotio~ 100-244B permits a rearyard
reduction for a principal structure to 35 feet for lots
containing less than 20,000 sq. ft. in area, which of course is
applicable in this case since this lot contains a lot area of
10,000 sq. ft. and there is no question that the lot has been
held in single and separate ownership as required by statute.
9. By Building Permit No. 16728Z, issued February 5, 1988,
approval was granted by the Building Department authorizing the
construction of steps leading to the pool area, authorizing pool
construction and fence enclosure. The diagram submitted on the
building permit application does indicate these proposed
structures, all detached from the dwelling. All have been
constructed and are detached from the dwelling; however, the
bottom step, although not physically attached, was built very
closely to the raised deck around the pool. This type of
construction is not unusual in the Town of Southold.
Southold Town Board of Appeals -6- April 13, 1989 Regular Meeting
(Hearings, continued:)
8:07 p.m. Appl. No. 3835SE - ARTHUR V. JUNGE, INC.
Amendment to Special Exception Granted under Appl. No. 3705
under Article VIII, Section 100-80B of the prior Zoning
Regulations for this previously zoned C-Light Industrial Zone
District, now re-zoned to Light Industrial, Article XIV, Section
100-141, to include establishment of car repairs with outside
storage and future occupancy of vacant building area at easterly
side of building (a use to be a permitted use in this Zone
District). Location of Property: 22355 C.R. 48, Cutchogue, NY;
County Tax Map District 1000, Section 96, Block 1, Lot 19;
containing 45,589+- sq. ft. in lot area. Following testimony,
the hearing was concluded, pending deliberations.
8:15 p.m. Appl. No. 3834 - FRANK CURRAN. Variance to the
Zoning Ordinance, Article III-A, Section 100-30A.3, and Article
XXIV, Section 100-242, for an amendment to prior Z.B.A. Appeal
No. 3769 rendered October 26, 1988, for construction of a pool
with deck and fence enclosure with an insufficient frontyard
setback and excessive lot coverage, at premises known as 780
Haywaters Road, Cutchogue, NY; County Tax Map Parcel No.
1000-111-01-016. Lot is nonconforming with a lot area of 19,080
sq. ft. in this R-40 Zone District. Following the opening of
the hearing, the hearing was recessed as requested without date
by the applicant (with an available rescheduled date of May 18,
1989, if appropriate when re-advertising).
8:17 p.m. Appl. No. 3819 - RUTHANN BARTRA. Variance to
the Zoning Ordinance, Article III, Section 100-32, for approval
of lot containing insufficient lot area located along the
easterly side of Breakwater (or Luthers) Road, Hamlet of
Mattituck, NY; identified on the Suffolk County Tax Maps as
District 1000, Section 106, Block 9, 2.004 (part of 2.1). The
premises is located in the R-80 Zone District. Following
testimony, the hearing was concluded, pending deliberations.
8:28 p.m. Appl. No 3787 - MARION ROBINS. Variance to the
Zoning Ordinance, Article III-A, Section 100-30A.3 for approval
of four parcels with insufficient lot area in this pending
subdivision located along the east side of Little Neck Road, the
north side of Baldwin Place, and the west side of Strohson Road,
in the Hamlet of Cutchoque; County Tax Map No. 1000-103-10-2.
Total lot area: 6.039 acres. The premises is located in the
R-80 Zone District. Following testimony, the hearing was
concluded, pending deliberations.
Southold Town Board of Appeals _7_ April 13, 1989 Regular Meeting
(Hearings, continued:)
8:30 p.m. Appl. No. 3813 - SHELE~DN HILLS as Trustee for
Barterama Corp. Employees Profit Sharing Trust. Variances
requested to reduce side yards to less than the required 20 and
25 feet, and less than the total 45 feet for ~th sideyards, on
this 2+ acre vacant parcel. Zone District: R-80. Location of
Property: Private Right-of-Way referred to as Private Road #11
(also referred to as Aldrich Lane Extension), extending off the
north side of Sound Avenue, Mattituck, NY; County Tax Map
District 1000, Section 112, Block 1, Lot 12; Southold Town
Planning Board Approved Set-Off Map March 4, 1985. After
reconvening the hearing, the Board recessed this matter for a
final hearing date of May 18, 1989, the next anticipated Regular
Meeting, as requested by the applicant's attorney.
8:40 p.m. Motion was made by Men~ber Sawicki, seconded by
Member Grigonis, and duly carried, to take a short recess for
approximately five minutes.
8:47 p.m. Motion was made by Chairman Goehringer, seconded
by Member Grigonis, and duly carried, to reconvene the Regular
Meeting at this time.
CONCLUSION OF KOKE HEARING: Motion was made by Member
Sawicki, seconded by Chairman Goehringer, to accept the
documentation received to date and conclude all portions of the
public hearing in the Matter of RYCK KOKE under Appl. No. 3814.
This resolution was unanimously adopted, lhi$ re$0]uti0n was
duly carried and adopted.
CONCLUSION OF MATT-A-MAR: Motion was made by Member
Sawicki, seconded by Chairman Goehringer, to accept the
documentation received to date and conclude all portions of the
public hearing in the Matter of BROWERS WOODS ASSOCIATION and
BARBARA REITER under Appl. No. 3829 concerning premises of
Matt-A-Mar. (Comments are also on following pages concerning
request for Stop Work Order.) Ibis res0]uti0n was duly carried
and adopted.
DELIBERATIONS/DECISION: Appeal No. 3814 - Matter of RYCK
KOKE. The Board Members deliberated and took the following
action:
(continued on next page)
$outhold Town Board of Appeals -8- April 13, 1989 Regular Meeting
ACTION OF THE BOARD OF APPEALS
Appeal No. 3814:
Application for RYCK KOCK for a Variance to the Zoning
Ordinance, Article III-A, Section 100-32A and Bulk Schedule for
approval of swimming pool with fence enclosure in the side yard
area. Zone District: R-40. Location of Property: 245
Kimberly Lane, Southold, NY; Paradise By the Bay subdivision
Lot No. 2; County Tax Map District 1000, Section 70, Block 13,
Lot 20.2.
WHEREAS, a public hearing was initially held and a
two-to-one vote was recorded on January 12, 1989 in the Matter
of the Application of RYCK KOKE under Appeal No. 3814; and
WHEREAS, on January 23, 1989, the Board Members unanimously
voted to reopen the public hearing to allow questionning, if
needed, by two Board members who were not present at the initial
hearing; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located along the easterly
side of Kimberly Lane, in the Hamlet and Town of Southold, and
is identified on the Suffolk County Tax Maps as District 1000,
Section 70, Block 13, Lot 20.2.
2. The subject premises is known and referred to as
Subdivision Lot No. 2 on the Map of Paradise By The Bay, Map
Southold Town Board of Appeals -9- April 13, 1989 Regular Meeting
(Appl. No. 3814 - KOKE decision, continued:)
No. 6463, filed November 4, 1976, contains a total area of
48,000 sq. ft., road frontage of 165.58 feet, average lot depth
of 282.31 feet.
3. The subject premises:
(a) is improved with a single-family, one-and-one-half
story frame house and attached garage, all as shown on survey
revised September 1, 1988, prepared by Peconic Surveyors &
Engineers, P.C.
(b) is located in the R-40 Zone District;
(c) is situated along Jockey Creek;
(d) has variable contours at five feet above MSL and 9.4
feet above mean sea level between the westerly property line
and the easterly property line {bulkhead}.
4. By this application, appellant requests a variance from
Article III-A, Section 100-32A, (renumbered Section 100-30A.4)
for approval of swimmingpool construction with fence enclosure
located in the yard area just southerly of the existing dwelling.
5. Article III-A, Section 100-32-A and Article III,
Section 100-33 of the Zoning Code requires accessory buildings
and structures or other accessory uses to be located in the
required rear yard.
6. The rear yard area on this lot is that area located
between the easterly side of the existing dwelling and the
bulkhead along Jockey Creek. The distance between the existing
dwelling and the bulkhead is shown on the survey to be 88.3
feet.
7. The area of the construction under consideration in
this variance application, inclusive of the wooden decks and
fence enclosure, is immediately south of the dwelling, all of
which is in line with the front and rear lines of the dwelling
structure.
Southold Town Board of Appeals-10- April 13, 1989 Regular Meeting
(Appl. No. 3814 - KOKE decision, continued:)
8. For the record, it is noted that:
(a) an agreement was entered into between the
applicant and the nearest resident to the south to purchase the
middle lot for the purposes of increasing the size of each
dwelling lot;
(b) a verbal authorization was given on April 12, 1988
by the Building Department to start construction based upon the
agreement to purchase the middle lot and based upon the
contractor's intent to attach the pool to the dwelling
construction with deck areas, with setbacks no closer than 15
feet to the southerly property line {see sketch submitted with
building permit application);
(c) a conditional Wetlands Permit was issued for all
new construction under No. 416 by the Southold Town Trustees on
July 27, 1987.
9. It is not unreasonable to locate construction of this
nature at the highest and best contour points of the land, as
proposed in this application.
10. In considering this application, the Board also finds
and determines:
(a) there is no other alternative available for
appellants to pursue other than a variance;
(b) the location of the inground pool construction as
requested will not be adverse to the essential character of the
neighborhood {there is an existing inground pool on the
adjoining premises to the south of this construction area};
(c) the variance will not in turn be adverse to the
safety, health, welfare, comfort, convenience or order of the
town, or be adverse to neighboring properties;
(d) in carefully considering the entire record and
in viewing the character of the land and the general waterfront
community, it will be within the best interests of justice to
grant relief, as applied.
Southold Town Board of Appeals-Il- April 13, 1989 Regular Meeting
(Appl. No. 3814 - KOKE decision, continued:)
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Sawicki, it was
RESOLVED, to GRANT the relief requested under Appeal
No. 3814 in the Matter of RYCK KOKE for the location of an
inground pool with decks and fence enclosure, SUBJECT TO THE
FOLLOWING CONDITIONS:
1. Minimum three-foot setback from the southerly property
line;
2. That the existing area between the deck and the
dwelling be movable in order to allow easy access for emergency
equipment in the event of an emergency.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Sawicki, and Dinizio. This resolution was unanimously
adopted.
DISCUSSION: Appl. No. 3829 - BROWERS WOODS/MATT-A-MAR.
The Board Members discussed the "as built" survey prepared by
Peconic Surveyors, left with the Z.B.A. Office last Friday, and
previously referred last Friday to the Town Attorney's Office,
as urged by the Board Members. The Board Members reiterated
their position to urge the Town Attorney to consider immediately
taking steps necessary to Stop Work under the Building Permit.
The Board Members were told that a question had been brought up
by either the Town Attorney or the attorney for the property
owner as to whether or not the Z.B.A. has jurisdiction within 75
feet of the bulkhead under 100-239d (previously numbered
100-119.2B), since one or more of the Members of the Town
Trustees considered the structure at one time in previous
correspondence a retaining wall rather than a bulkhead per se.
To clear up any doubt as to the intent of 100-239 (100-119.2B)
of the Zoning Code and Z.B.A. jurisdiction if the setback
requirement is not met, regardless of whether or not the Town
Trustees have jurisdiction under Chapter 97-Wetlands Code, the
following action was taken.
On motion by Member Dinizio, seconded by Member Goehringer,
it was
RESOLVED, that the retaining structure near the southerly
Southold Town Board of Appeals -12-April 13, 1989 Regular Meeting
(Appl. No. 3829 - BROWERS WOODS/MATT-A-MAR, Board Discussion,
continued:)
property line (in the vicinity of the subject building) known
and referred to as a "wood bulkhead" and "wood bulkhead
retaining wall" as shown on the March 21, 1989 survey prepared
by Peconic Surveyors, is hereby confirmed to meet the definition
under the zoning code of a bulkhead for the purposes of
interpreting Article XXIII, Section 100-239d, and BE IT FURTHER
RESOLVED, to immediately urge the Building Department to
commence action to Stop Work under the above permit, based upon
the information received in the survey for the insufficient
distance from the bulkhead under Article IX, Section 100-119.2
of the old zoning code (in effect at the time this building
permit was issued), and under Article XXIII, Section 100-239d.
Vote of the Board: Ayes: Messrs. Goehringer Grigonis,
Doyen, Sawicki and Dinizio. This resolution was unanimously
adopted.
Copies of the above are to be furnished to the Town
Attorney, Town Board, Supervisor, Town Clerk, since this is an
enforcement matter, and the Attorneys representing the property
owner and the applicants.
UPDATE: Appl. No. 3785SE - Matter of CHARLES ZAI{RA,
RAYMOND NINE and PAMELA NINE for a Special Exception for Bed and
Breakfast Establishment. At this time, the Chairman confirmed
for the record that no additional questions are pending at this
time by any of the Board Members and the Town Attorney has been
consulted, therefore that part of the record which was left open
from the March 16, 1989 hearing is now concluded. The Secretary
confirmed that the verbatim portion of the hearing was declared
concluded by the Board at its March 16, 1989 Regular Meeting.
ENVIRONMENTAL DECLARATIONS: On motion by Chairman
Goehringer, seconded by Member Grigonis, it was
RESOLYED, to declare the following Environmental
Declarations 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:
A. Type II Actions, being setback or lot line variances as
regulated by Section 617.13, 6 NYCRR:
1. Appl. No. 3832 - John Forsberg
Southold Town Board of Appeal$-13-April 13, 1989 Regular Meeting
(ENVIRONMENTAL DECLARATIONS, continued:)
A. Type II, continued:
2. Appl. No.
3. Appl. No.
4. Appl. No.
5. Appl. No.
6. Appl. No.
7. Appl. No.
8. Appl. No.
3839 - Diane Dunbar
3833 - Peter DeSanctis
3836 - Wayne and Teresa Mazzaferro
3834 - Frank Curran
3836 - Anna Schaller
3819 - Ruthann Bartra
3787 - Marion Robins
B. Unlisted Action, not having a significant adverse
effect on the environment:
1. Appl. No. 3832 - Arthur V. Junge, Inc.
(Continued on following pages in the same order as above)
Southold Town Board of Appeals -14- Apr. 13, 1989 Regular Meeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3832
PROJECT NAME: JOHN FORS~ERG
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 $outhold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination'made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: . [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Construct deck(s) to existing single-family
dwelling structure, maintaining the nonconforming sideyard setback.as
exists at the westerly side
LOCATION OF PROJECT: Town of Southold; County of. Suffolk, more
particularly known as:1310 West Road, Cutchogue, NY
1000-110-5-12
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) Construction proposed is landward of existing structures.
(3) The relief requested is a setback variance as regulated by
Section 617.13, 6 NYCRR, ~EQRA.
Southold ?own Board of Appeals -15- Apr. 13, 1989 Regular Meeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONSIENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3839
PROJECT NAME: DIANE DUNBAR
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: [ ~ Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Construct open deck addition with an
insufficient setback from the front property line
LOCATION OF PROJECT:
particularly known as: 615
1000-37-1-11
Town of Southold; County of. Suffolk, more
Dogwood Lane, East Marion, NY
REASON(S) SUPPORTING THIS DETEP~INATION:
(1) An Environmental Assessment in the short ferm has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The relief ~equested is a setback variance as regulated by
Section 617.13, 6 NYCRR, SEQRA.
Southold Town Board of Appeals -16- Apr. 13, 1989 Regular ~eeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3833
PROJECT NAME: PETER DESANCTIS
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: . [ ~ Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION:Approval' of open deck addition with an
insufficient setback from the southerly property line, adjacent to'
existing fence enclosure
LOCATION OF PROJECT: Town of Southoldl County of. Suffolk, more
particularly known as: 380 Inlet. Lane, GreDnport,.NY
1000-43-5-2
REASON(S) SUPPORTING THIS DETEF~IINATION:
(1) An Environmental Assessment in the short form has b~en
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) Construction proposed is landward of existing structur.es.
Southold Town Board of Appeals -17- Apr. 13, 1989 Regular Meeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3837
PROJECT NA~:
WAYNE AND TERESA MAZZAFERRO
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: · [~ Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION:Approval'of existing swimmingpool with deck
areas which will have insufficient rearyard setback when attached by a
raised deck to the rear of existing dwelling
LOCATION OF PROJECT: Town of Southoldl County of. Suffolk, more
particularly known as: 1650 Gillette Drive, East Marion, NY
1000-38-2-17
REASON(S) SUPPORTING THIS DETER~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 relief requested is a setback variance as regulated by
Section 617.13, 6 NYCRR, SEQRA.
(3) EXEMPT - Involve~ no substantial physical change to existing
building or premises.
Southold ?own Board of Appeals -18- Apr. 13, 1989 Regular Meeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3836
PROJECT NA~: ANNA SCHALLER
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 Southoldo
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination'made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: . Ix] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION:Permissi6n to construct (garage) 'a~dition
with an insufficient setback from the northerly side property line And
insufficient total sidevards
LOCATION OF ~ROJECT: Town of Southoldl County of. Suffolk, more
particularly known as: 115 Parson's Blvd.. (Private Road) East Marion,
1000-37-2-5
REASON(S) SUPPORTING THIS DETEP~IINATION:
(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) Construc%ion proposed is landward of existing structures.
NY
· Southold Town Board of Appeals -19- Apr. 13, 1989 Regular Meeting
(Environmental Declarations, Continued:)
$.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3834
PROJECT NA~:
FRANK 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 To%~ of Southold.
This board determines the within project not to have a signifi-
cant adverse_effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination'made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: . [x] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTiON:Amendment to prior Z.B.A. Appeal. No. 3769
for construction of a pool with deck and fence enclosure with insufficient
frontyard setback and excessive lot coverage
LOCATION OF PROJECT: Town of Southold; County of. Suffolk, more
particularly known as: 780 HayWaters Road, Cutchggue, NY
1000-111-1-16
REASON(S) SUPPORTING THIS DETER~IINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The relief requested is a setback variance as regulated by
Section 617.12, 6 NYCRR, SEQRA.
Southold Town Board of Appeals -20- Apr. 13, 1989 Regular Meeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.:
PROJECT NA~:
3819
RUTHANN BARTRA
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-...
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination'made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: · ~] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION:Approval'of lot containing insufficient lot
area
LOCATION OF PROJECT: Town of Southoldl County of. Suffolk, more
particularly knQwn as: E/s of Breakwater (or Luthers) Road, Mattituck,
1000- 106-9-2.004 (p/o 2.1)
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) This is a lot-line variance as regulated by Section 617.13,
6 NYCRR.
NY
Southold Town Board of Appeals -21- Apr. 13, 1989 Regular Meeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APP~%L NO.: 3787
PROJECT NA~:
MARION ROBINS
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse_effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination'made for any other department or agency
which may also have an application pending for the same or similhr
project.
TYPE OF ACTION: . [xj Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Approval of four parcels with insufficient
lot area in this pending subdivision
LOCATION OF PROJECT: Town of Southoldl County of, Suffolk, more
particularly known as: E/s of Little Neck Road, .Cutchogue, NY
1000-103-10-2
REASON(S) SUPPORTING THIS DETER~IINATION:
(1) An Environmental Assessment in the short form has b~en
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The relief requested is not directly r~lated to new construction.
(3) This is a lot-line variance as regulated by Section 617.13,
6NYCRR
Southold Town Board of Appeals -22- Apr. 13, 1989 Regular Meeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3835SE
PROJECT NAME:
ARTHUR V. JUNGE, INC.
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.YoS. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination'made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: · [ ] Type II Ix] Unlisted [ ]
DESCRIPTION OF ACTION: Amendmen't to Special Exception granted under
Appl. No. 3705 to include establishment of car repairs with outside
storage and future occupancy of vacant building area at east side of bldg.
LOCATION OF PROJECT: ToWn of Southoldl County of, Suffolk, more
particularly known as: 22355 C.R. 48, .C~tchogue~ NY
1000-96-1-19
REASON(S) SUPPORTING THIS DETE~%IINATION:
(1) An Environmental Assessment in the short form has b~en
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) This is an application concerning use ~f premises and.is
not directly related to new construction.
(3) EXEMPT - Involves no substantial physical changes to existing
building or premises.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Sawicki
and Dinizio. This resolution was unanimously adopted.
Southold Town Board of Appeals -23-April 13, 1989 Regular Meeting
APPROVAL OF MINUTES: On motion by Chairman Goehringer,
seconded by Member Grigonis, it was
RESOLVED, to approve the Minutes of the following Board of
Appeals Meeting:
March 16, 1989 Regular Meeting.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Sawicki and Dinizio. This resolution was duly adopted.
EXECUTIVE SESSION: 9:18 o'clock p.m. Motion was made by
Chairman Goehringer, seconded by Member Grigonis, to enter into
Executive Session to discussion pending litigation in the Matter
of Tartan Oil Corp. pursuant to the most recent update by Frank
Isler, Attorney for the Z.B.A. The Board Members agreed to
send a response to Mr. Isler reaffirming its previous position
as to no-alternatives except by re-application, etc.
REGULAR MEETING RECONVENED: Motion was made by Chairman
Goehringer, seconded by Members Dinizio and Grigonis, to return
at this time to the regular session of the meeting. This
resolution was duly carried.
Dan Ross, Esq. and Mr. Zahra were signaled that the Meeting
was now in regular session.
The Board Members acknowledged receipt of the Z.B.A.
Monthly Report for March 1989.
DELIBERATIONS/DECISION: Appl. No. 3785 - Matter of RAYMOND
NINE, CF~RLES ZA~RA AND PAMELA NINE for a Special Exception for
establishment of Bed and Breakfast.
(Continued on following pages)
$outhold Town Bd. of Appeals-24-April 13, 1989 Regular Meeting
ACTION OF THE BOARD OF APPEALS
Appl. No. 3785:
PUBLIC HEARING in the Matter of the Application of RAYMOND NINE
CHARLES ZAHRA and PAMELA NINE for a Special Exception to the
Zoning Ordinance, Article III, Section 100-30B(16) for
permission to establish "Bed and Breakfast Use," 'an
owner-occupied building, other than a hotel, where lodging and
breakfast is provided for not more than six casual, transient
roomers, and renting of not more than three rooms. Location of
Property: North Side of New Suffolk Avenue, Mattituck, NY;
County Tax Map District 1000, Section 114, Block 11, Lot 20.
WHEREAS, a hearing was held on the Board's own motion upon
request of the applicant on March 9, 1989 in the Matter of Appl.
No. 3785 for RAYMOND NINE, CHARLES ZA~RA AND PAMELA NINE
(received February 27, 1989, as amended to include Pamela Nine);
and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the entire record, including verbatim transcripts
of hearings, the premises in question, its present zoning, its
previous zoning, and the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. By this application, approval is sought for a Special
Exception for a "Bed and Breakfast" Establishment, for the
rental of three bedrooms for lodging and serving of breakfast to
not more than six casual and transient roomers.
2. The premises in question is located in the "Low-Density
Residential R-40 Zone District," contains a total area of 22,992
sq. ft. with 113.0 ft. frontage along the north side of New
Suffolk Avenue.
Southold Town Board of Appeals-25- April 13, 1989 Regular Meeting
(Appl. No. 3785 - NINE & ORS, decision, continued:)
3. The subject premises is identified on the Suffolk
County Tax Maps as District 1000, Section 114, Block 11, Lot 20,
and was conveyed by deed dated June 5, 1986 at Liber 10062 page
225 by William Wickham as Executor of the Estate of Evelyn K.
Reeve to Raymond F. Nine and Charles J. Zahra.
4. This parcel is improved with a single-family, 2-1/2
story frame dwelling, with setbacks of 54+- feet from the front
property line along New Suffolk Avenue, 31+- feet from the
westerly side property line along lands now or DeReeder, 40+-
feet from the easterly side property line along lands now of
Nine, and 108+- feet from the northerly rear property line along
lands now or formerly of Wilsberg Csee copy of survey dated
January 14, 1986, prepared by Roderick VanTuyl, P.C.).
5. For the record it is noted as follows:
(a) A public hearing was initially held on October 26,
1988 for this Bed and Breakfast Use on application made by
Charles Zahra and Raymond Nine, owners of the property;
lb) A decision was rendered by this Board under date
of December 8, 1988, filed in the Office of the Town Clerk on
December 13, 1988, denying the initial application for a Special
Exception, without prejudice, for the reasons noted therein;
(c) On December 13, 1988, referral was made by the
Board of Appeals pursuant to the requirements of Sections A
14-14 to 23 of the Suffolk County Administrative Code to the
Suffolk County Planning Commission. This matter was deemed by
the County Planning Commission to be a matter for local
determination;
(d) On January 9, 1989, the applicants via their
attorney requested this application be set down by this Board
for a rehearing based on their claim of an erroneous reading of
the Bed-and-Breakfast Agreement and the law applicable to this
application;
(e) On January 10, 1989, the Town Board passed the new
Master Plan and Zoning Amendments;
(f) At a Regular Meeting held January 12, 1989, the
applicant's request for a rehearing was considered by the Board
of Appeals, and it was the consensus of the Board Members that
the applicant instead apply with a new application by the new
(proposed) property owner with proof of (new) ownership and
applicable testimony by the new owner;
Southold Town Board of Appeals-26- April 13, 1989 Regular Meeting
(Appl. No. 3785 - NINE & ORS, decision, continued:)
(g) On January 13, 1989, the Board of Appeals was made
aware of an Article 78 proceeding filed with the Town Clerk's
Office January 12, 1989 concerning the Board's December 8, 1988
decision under the Special Exception application;
(h) At a Special Meeting held February 9, 1989, the
Board Members agreed to reopen the public hearing to allow
submission of testimony by Pamela Nine, the person intending to
operate the Bed and Breakfast establishment and intending to
reside at the premises if this Special Exception is approved,
and submission of any proposed amendments and additional
documentation, such as proof by way of a copy of a deed or other
legal document showing proof of ownership by Pamela Nine;
(i) During the time of the initial application filed
September 28, 1988 and about January 22, 1989 under Application
No. 3785 for the same "Bed and Breakfast" use by Special
Exception, the subject premises was located in the
"A-Residential and Agricultural Zone District," and the
provisions of law applicable have not changed since the
effectuation of the new R-40 Zone District {except for the
renumbering from Article III, Section 100-30B(16) to Article
III-A, Section 100-30A.2(B) and Article III, Section
100-31(B15)}, which reads as follows:
...B. Uses permitted by special exception by the
Board of Appeals. The following uses are permitted as
a special exception by the Board of Appeals, as
hereinafter provided, and, except for the uses set
forth in Subsection B(15) hereof, are subject to site
plan approval by the Planning Board:
(15) The renting of not more than three (3)
rooms in an owner-occupied dwelling for lodging and
serving of breakfast to not more than six (6) casual
and transient roomers, provided that the renting of
such rooms for such purpose is clearly incidental and
subordinate to the principal use of the dwelling... "
Southold Town Board of Appeals-27-April 13, 1989 Regular Meeting
(Appl. No. 3785 - NINE & ORS, decision, continued:)
6. For the record it is noted that the dwelling is and has
since the filing of this application been under the ownership of
Raymond F. Nine and Charles J. Zahra and has been occupied as a
single-family residence by persons other than the owners and
other than Pamela Nine.
7. On February 27, 1989, the application was primarily
amended to include Pamela Nine as an applicant and to supplement
the "Bed-and-Breakfast Agreement" provision that "Miss Nine will
upon approval of this application, and at a later date come into
title, o~cupy the premises, and operate a Bed & Breakfast."
8. One of the requirements for the grant of a Special
Exception for a Bed and Breakfast establishment is
owner-occupancy.
9. The record shows that none of the owners reside at the
subject premises, and that the person who would come into title
and occupy the premises upon approval of the Bed and Breakfast
is not presently an owner.
10. The intent and purpose of the Bed and Breakfast use
under the zoning code is clearly as a use subordinate and
incidental to the principal dwelling use with
owner-occupancy. It is apparent in this application that
the proposed Bed and Breakfact use is not subordinate and
incidental to the principal use and is not owner-occupied.
11. Also, there is clear distinction between a party to a
"bed-and-breakfast agreement," a party to a contract of sale,
and the definition of "owner." The Board finds that the party
involved in the "bed and breakfast agreement" does not meet the
requirements of the statute as an "owner."
12. For the above reasons, the Board finds that it is
without authority to grant a Special Exception use where the
project does not meet all of the requirements of the Zoning Code
{Knadle v. ZBA of Huntington, 121 AD2d 447 (1986); Roginski v.
Rose, et al., 63 NY 2d 735 (1984)}.
Accordingly, on motion by Mr. Dinizio, seconded by
Mr. Grigonis, it was
Southold Town Board of Appeals -28- Apr. 13, 1989 Regular
Meeting
(Appl. No. 3785 - Decision, continued: Nine & Ors.:)
RESOLVED, to DENY WITHOUT PREJUDICE the Special Exception
as applied under File No. 3785 in the Matter of the Application
of RAYMOND NINE, CHARLES ZAHRA and PAMELA NINE.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Grigonis, Sawicki and Dinizio. This resolution was duly adopted.
Confirmation was made concerning the 9:00 a.m. appointment
requested before the Town Board to be held during its work
session (or Executive Session) on April 25, 1989 concerning
changes in personnel status and recent updates on Z.B.A. matters.
The Board's Secretary indicated that there has been no
change in the next meeting date, calendared for April 26, 1989.
Also included on the agenda was a List of Pending
Applications, as follows:
%" Southold Town Board of Appeals-29-April 13, 1989 Regular Meeting
(LIST OF PENDING APPLICATIONS, continued:)
Appl. No. 3746 - JOSEPH HARDY. Variance for plumbing storage
building. S/s Main Road, Mattituck. Await direction from
applicant's attorney under new zoning code. 1000-114-11-05.
Appl. No. 3747 - JOSEPH HARDY. Special Exception for plumbing
use(s) in proposed building. S/s Main Road, Mattituck. Await
direction from applicant's attorney under new zoning code.
1000-114-11-05.
Appl. No. 3685 - LESTER AND HOPE ALBERTSON. Set-off of lot.
Await maps and ROW easement per P.B. letter. 1000-63-3-10.
Appl.
four,
Road.
No. 3259 - NICHOLAS ALIANO. Special Exception to building
two-story motel buildings and office building. S/s Main
Greenport. Await reply to letter. 1000-46-1-2.1.
Appl. No. 3752 - VARUJAN ARSLANYAN. Variance for pool in
sideyard. C.R. 48, Greenport. Await reply from attorney.
1000-52-1-8.
Appl. No. 3449 - FRANK AND ETHEL BEGORA. Set-off of land.
ROW off N/s Main Road, East Marion. Awaiting Co. Health and
P.B. input. 1000-31-4-19.
Appl. No. 3274 - BEST, SCHMITT, SYVERSON. subdivision of
property proposal during 80,000 sq. ft. requirement. Property
now zoned R-40. Update will be needed by Building Inspector
when applicant decides to proceed. (Information previously
requested.) 1000-123-6-17.
Appl. No. 3356 - PAUL AND MARIETTA CANALIZO.
and wetland setback. Meadow Lane, Mattituck.
Trustees and reply. 115-5-8.
Frontyard setback
Await DEC,
Appl. No. 3183 - MARY N. CODE. Merger of lots at Goose Neck
Estates, Southold. Await DEC and Planning Board applications to
be filed for coordination/action. 1000-76-2-4.
Appl. No. 3537 - ROBERT AND SUSAN D'URSO. Dwelling with
insufficient frontyard and wetlands setback. Await input from
DEC, Trustees. 89-2-8.
Appl. No. 3589 - MARY J. GETOFF. Variance for insufficient
area, width and depth. Waterview Drive, Southold. Await
Planning Board input. 78-7-20.
Appl. No. 3690 - SOPHIA AND RICHAI{D GREENFIELD. Construction
within 100 feet of bluff at Cabots Woods, Peconic. Request by
applicant to temporarily place on hold until further direction.
73-4-2.2
Southold Town Board of Appeals-30-April 13, 1989 Regular Meeting
(LIST OF PENDING APPLICATIONS, continued:)
Appl. No. 3549 - J. KAELIN AND B. GIBBS. Variances for
insufficient area, width and depth. N/s Main Road, Orient.
Await P.B. appl., etc. and Co. Health action or waiver.
1000-18-2-29.1
Appl. No. 3367 - LOIS AND PATRICIA LESNIKOWSKI. Variance for
two parcels with insufficient area and width. S/s North Drive,
Mattituck. Await DEC and preexisting CO. 106-6-26, 27
Appl. No. 3403 - ANNA LORIA. Variance of two parcels with
insufficient area, width and depth in this pending subdi¥ision.
W/s First Street and N/s King Street, New Suffolk. Await Co.
Health Article VI action.
Appl. No. 3600SE - THOMAS LUCAS and G.
motels at 69700 Main Road, Greenport.
additional information. 45-5-2.
& A. BELIS. Construct
Await Planning Board and
Appl. No. 3667 - JOHi~ MULHOLLAND. Addition to dwelling within
75 feet of wetlands. 725 Island View Lane, Greenport. Await
DEC input. 57-2-24.
Appl. No. 3558 - NICK AND ANNA PALEOS. Variance as to
insufficient area, width and depth of three lots. S/s CR 48,
Peconic. Await Article 6 and Planning Board input. 52-2-
Appl. No. 3770 - PORT OF EGYPT ENTERPRISES. Variance to
construct storage building. Awaiting SEQRA coordination.
S/s Main Road, Southold. Now Zoned MII.
Appl. No. 3771 - PORT OF EGYPT ENTERPRISES. Special Exception
to utilize proposed building for principal boat-storage use.
Awaiting SEQRA coordination, etc. $/s Main Road, Southold.
Now Zoned MII. 1000-56-06-4 and 6.1.
Appl. No. 3442 - PHILIP R. REINHARDT. Variance for area and
width reduction of two proposed parcels. Hold for Planning
Board and Article VI. 70-6-19
Appl. No. - THOMAS SAMUELS. subdivision and retaining
wall. 111-1-40. Incomplete application.
Appl. No. 3614 - ROBERT AND ETHEL SCHROEDER. Interpretation
request. Await further direction from applicant's attorney.
$/s Main Road, East Marion. 35-5-4.
Appl. No. 3545 - PATRICK STIGLIANI.
subdivision. Await Co. Health Art.
Southold. 78-7-43.
Area variances in proposed
VI. Main Bayview Road,
Southold Town Board of Appeals-31-April 13, 1989 Regular Meeting
(LIST OF PENDING APPLICATIONS, continued:)
Appl. No. 3788 SUN REFINING & MARKETING. Variance to convert
repair and gas service station into gas and convenience storage
facility. Main Road and Factory Avenue, Mattituck. Await P.B.
input and SEQRA coordination. 142-1-27.
Appl. No. 3789 SUN REFINING & MARKETING. Special Exception.
(Same as above except use by Special Exception.)
Appl. No. 3627 - LILLIAN VISHNO. Variance as to insufficient
area, width and depth for three proposed lots. 810 Corwin
Street, Greenport. Await Co. Health and P.B.
applications/reviews/coordination. 48-1-47.1.
Appl. No. 3445 - JULIUS ZEBROSKI. Variance for approval of
insufficient area and width of two proposed lots. E/s Waterview
Drive and N/s Bayview Road, Southold. Await title search and
Planning Board input. 78-7-32.7.
Appl. No. 3426 - GERALD DOROSKI. Variance
access. N/s C.R. 48, Peconic. Await maps
showing traveled and legal portions of ROW.
for approval of
from applicant
Appl. No. 3831 - RALPH & PATRICIA PUGLIESE. Special Exception
for Winery and Wine Storage. Awaiting floor plan layout and
screening information. Main Road, Cutchogue. 97-1-12.1.
Appl. No. 3827 - EDWIN KINSCHERF. Variance for lot division
with insufficient area. 350 Wood Lane, Greenport. Awaiting
documentation showing proof of merger for ZBA determination and
title search before advertising. 43-4-30, 29, 35.
Appl. No. (Incomplete as of 1/31/89)) - PETER J. McSHERRY &
JAMES P. O'NEILL. Variance for approval of insufficient area,
width and depth of proposed lots with nonconforming two-family
dwelling uses. Wiggins and Eighth Streets, Greenport. Await
re-submission of application with amendments under new zoning
code, together with floor plan information of nonconforming
uses, lot coverage of all buildings, etc. 1000-48-1-22.
Appl. No. (Incomplete as of 3/14/89)) - ADAM ASSOCIATES.
Variance for approval of lot area of proposed Lot #4 in this LB
Zone District (lot area conformed to previous zone district).
N/s C.R. 48, Mattituck; 1000-113-12-10. {Await Notice of
Disapproval from Building Inspector; correction by attorney of
Article and Section as applies under new zoning code;
submission of corrected neighbor notification form with
certified mail receipts.}
Southold Town Board of Appeals32- April 13, 1989 Regular Meeting
The Chairman declared the meeting adjourned at 9:48 o'clock
p.m.
Respectfully submitted,
///~ ~ Southold Town Board of Appeals
~proved -~ -~ T~ /
,~-~CEIVED AND FILED BY
THE SOUTHOLD .... ~" · "'".'
Town Clerk, ,own of ~,:;/~C i