HomeMy WebLinkAboutZBA-06/29/1989APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIZIO, JR.
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971
TEEEPHONE (516) 765-1809
FAX NO. (516) 765-1823
MINUTES
DEGULAR MEETING
THURSDA¥~ JUNE 29r 1989
A Regular Meeting was held by the Southold Town Board of
Appeals on THURSDAYt JUNE 29, 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; Serge Doyen,
Jr.; Charles Grigonis, Jr.; Joseph H. Sawicki and James Dinizio,
Jr., all five members of the Board. Also present were: Linda
Kowalski, Board Secretary/Assistant and approximately 20 persons
in the audience at the beginning of the meeting.
The Chairman opened the meeting at 7:30 p.m. and proceeded
with the first item on the agenda, as follows:
I. The following PUBLIC HEARINGS were held and except as.
otherwise noted, the hearings were concluded immediately
following receipt of all testimony. The transcripts of the
hearings have been prepared verbatim under separate cover and
attached to the back hereof for further reference.
7:35-7:40 p.m. Appl. No. 3841 - GERARD W. GAUGHRAN.
Variance to the Zoning Ordinance, Article VII, Section 100-72
(Article III, Section 100-31 under the previous zoning code) for
permission to construct addition(s) to existing single-family
dwelling structure with an insufficient rear yard setback from
the northerly property line. Lot area of premises is
nonconforming at 25,634 sq. ft. in this R-0 Zone District.
Location of Property: 49925 Main Road, Southold, NY; County
Tax Map No. 1000-70-5-2.
-2-
ACTION OF THE BOARD OF APPEALS
Appeal No. 3841:
Application for GERARD W. GAUGHRAN. Variance to the Zoning
Ordinance, Article VII, Section 100-72 (Article III, Section
100-31 under the previous zoning code) for permission to
construct addition(s) to existing single-family dwelling
structure with an insufficient rear yard setback from the
northerly property line. Lot area of premises is nonconforming
at 25,634 sq. ft. in this R-O Zone District. Location of
Property: 49925 Main Road, Southold, NY; County Tax Map
District 1000, Section 70, Block 5, Lot 2.
WHEREAS, a public hearing was held on June 29, 1989 under
Appeal No. 3841; 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 westerly
side of Main Road in the Hamlet and Town of Southold, and is
identified on the Suffolk County Tax Maps as District 1000,
Section 70, Block 5, Lot 2.
2. The subject premises:
(a) is improved with a single-family, two-story
framed house, as shown on survey dated January 6, 1989 prepared
by Roderick VanTuyl, P.C. submitted under this application;
[b) is nonconforming as to lot area and lot width in
this Residential-Office (RO) Zone District;
Southold Town Board of Appeals -3- June 29, 1989 Regular
Meeting
(Appl. No. 3841 GAUGHRAN decision, continued:)
(c) is bounded on the west (northwest) by properties
located in the Agricultural-Conservation {A-C} Zone District and
on the north and south by other properties located in the
Residential-Office (RO) Zone District.
3. By this application, appellant requests a Variance from
Article VII, Section 100-71 for permission to construct an
addition (garage, deck and kitchen areas) at the rear of the
dwelling, which includes modification of the garage structure
shown on the January 6, 1989 survey in the rear yard area
approximately 16 feet from the rear property line and
reconstruction and extension of the rear portion of the
dwelling, all as shown on the sketched survey submitted with
this application with the nearest rear yard setback for the
principal structure to be 16 feet (same setback as the existing
garage structure).
4. In considering this application, the Board also finds
and determines:
(a) the nonconformities of the land and building in
question lend to the within practical difficulties;
(b) the difficulties cannot be obviated by some
method feasible for appellant to pursue other than a variance;
(c) the location of the addition as requested will
not be adverse to the essential character of the neighborhood;
(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 carefully considering the entire record and
all the above factors, as well as viewing the general character
of the neighborhood, it is within the best interests of justice
to grant the variance, as applied and further noted below.
Southold Town Board of Appeals -4- June 29, 1989 Regular
Meeting
(Appl. No. 3841 - GAUGHRAN decision, continued:)
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis, it was
RESOLVED, to GP~kNT the relief requested under Appeal
No. 3841 in the Matter of the Application of GERARD W. GAUGHRAN
for the addition at the rear of existing dwelling with an
insufficient rearyard setback at not less than 16 feet, as
applied.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Sawicki, and Dinizio. This resolution was unanimously
adopted.
Southold Town Board of Appeals-5- June 29, 1989 Regular Meeting
(Hearings, continued:)
7:40-7:45 p.m. Appl. No. 3850. ROBERT GABRIEL. Variance
to the Zoning Ordinance, Article III, Section 100-32 and Section
100-13, as Disapproved, for permission to construct new dwelling
upon Lot #1 in this Subdivision known as "Map of Richard J.
Cron," County Clerk's Map No. 7975, filed 9-30-85, said lot
having an insufficient width at the proposed building setback
line. Property location: West Side of Aldrich Lane, Laurel;
County Tax Map District 1000, Section 125, Block 2, Lot 1.14.
(See transcript of hearing for verbatim statements by Mr.
Gabriel.)
Following conclusion of the hearing, the Board took the
following action:
(continued on next page)
ACTION OF THE BOARD OF APPEALS
Appl. NO. 3850:
Matter of ROBERT GABRIEL for a Variance to the Zoning
Ordinance, Article III, Section 100-32 and Section 100-13 as
Disapproved, for permission to construct new dwelling upon Lot
~1 in this subdivision known as "Map of Richard J. Cron," County
Clerk's Map No. 7975, filed 9/30/85, said lot having an
insufficient width at the proposed building setback line.
Property location: West Side of Aldrich Lane, Laurel, NY;
County Tax Map District 1000, Section 125, Block 2, Lot 1.14.
WHEREAS, a public hearing was held on June 29, 1989 under
Appeal No. 3850; and
W~EREAS, 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
WI~EREAS, 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 a vacant parcel of land
located along the westerly side of Aldrich Lane, in the Hamlet
of Laurel, Town of Southold, containing a total lot area of
approximately 2.2 acres, and is identified on the Suffolk County
Tax Maps as District 1000, Section 125, Block 2, Lot 1.14.
Southold Town Board of Appeals - 7 - June 29, 1989 Regular
Meeting
(Appl. No. 3850 - GABRIEL decision, continued:)
2. The subject premises is known as Lot No. 1 on the Major
Subdivision "Map of Richard J. Cron," which was approved by the
Southold Town Planning Board on July 29, 1985, said map having
been filed with the Suffolk County Clerk on September 30, 1985
under File No. 7975.
3. Article III, Section 100-32 and Column ii of the Bulk
Schedule of the Zoning Code requires a minimum lot width
(frontage) at 175 feet.
4. Article I, Section 100-13, defines lot width to be the
"...average distance between side lot lines, taken at the front
yard or setback line and measured at right angles to the side
lot lines or along a line parallel to the street .... "
5. The lot under consideration is vacant and the front
yard line has not been established, except that the minimum
requirement for a principal structure is required to be at 60 or
more feet from the front property line.
6. By this application, appellant requests a variance to
locate a new principal dwelling structure slightly closer than
the building setback line shown on the subdivision map and in an
area where the lot width narrows down to approximately 160 feet
in width. The distance of the proposed house location is
sketched on the survey map to be not less than 200 feet from the
front property line, although closer than the originally planned
setback line is substantially greater than the normal front yard
setback requirements for a principal dwelling in this R-80 Zone
District.
7. It is the position of this Board in considering this
application that:
(a) the circumstances are uniquely related to the
varied contours of the land and general layout of the major
subdivision ;
(b) the relief is not substantial and is the minimal
necessary under the circumstances;
(c) the relief as granted will not alter the
essential character of the neighborhood;
(d) there is no other method for appellant to pursue,
other than a variance;
(e) 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.
Southold Town Board of Appeals - 8 - June 29, 1989 Regular
Meeting
(Appl. No. 3850 - GABRIEL decision, continued:)
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Dinizio, it was
RESOLVED, to GRANT a Variance in the Matter of the
Application of ROBERT GABRIEL under Appeal No. 3850 for approval
of the location of a new dwelling structure at a building
setback line approximately 200 feet from the front property
line, where the lot width of the parcel is reduced to less than
the required minimum of 175 feet.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Sawicki and Dinizio. This resolution was duly adopted.
Southold Town Board of Appeals-9- June 29, 1989 Regular Meeting
(Hearings, continued:)
7:45-7:53 p.m. Appl. No. 3848 - CINDY RUGGLES. Variance
to the Zoning Ordinance, Article XXIV, Section 100-244 (Article
IIIA, Section 100-30A.3, as disapproved) for permission to
construct deck addition with an insufficient rearyard setback.
Lot area is nonconforming at approximately 13,300 sq. ft. in
this R-40 Zone District. Property location: 1150 Nakomis Road,
Southold; County Tax Map District 1000, Section 78, Block 3, Lot
15.
(See transcript of hearing prepared under separate cover and
attached hereto for verbatim statements by Mrs. Ruggles and the
Board Members.)
Following conclusion of the hearing, the Board took the
following action:
-10-
ACTION OF THE BOARD OF APPEALS
App1. NO. 3848:
Matter of CINDY RUGGLES for a Variance to the Zoning
Ordinance, Article XXIV, Section 100-244 (Article IIIA, Section
100-30A.3 as disapproved) for permission to construct deck
addition with an insufficient rear yard setback. Lot area is
nonconforming at approximately 13,300 sq. ft. in this R-40 Zone
District. Location of Property: 1150 Nakomis Road, Southold,
NY; County Tax Map District 1000, Section 78, Block 3, Lot 15.
WHEREAS, a public hearing was held on June 29, 1989 under
Appeal No. 3848; 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 westerly
side of Nakomis Path near Laughing Waters, in the Hamlet and
Town of Southold, and is identified on the Suffolk County Tax
Maps as District 1000, Section 78, Block 3, Lot 15.
Southold Town Board of Appeals-11- June 59, 1989 Regular Meeting
(Decision - Appl. No. 3848 - RUGGLES, continued:)
2. The subject premises consists of an area of 13,300 sq.
ft., is nonconforming in lot area, lot width and lot depth, and
is improved with an one-story, single-family dwelling
constructed during 1971 and situated with setback at
approximately 43.7 feet from the front property line and
approximately 44 feet from the rear property line.
3. Article III-A, Section 100-32A and Column ii of the
Bulk Schedule of the Zoning Code requires a minimum rear yard
setback at 50 feet, and Article XXIV, Section 100-244(B) permits
a rear yard reduction for a principal structure to 35 feet in
the rear yard for lots containing a lot area of less than 20,000
sq. ft.
4. The relief requested by this application is for a
reduction of the westerly (rear) yard setback from 35 feet to
not less than 20 feet, at its closest point.
5. It is the position of this Board in considering this
application that:
(a) the circumstances are uniquely related to the
nonconformities of the land in question ;
(b) the relief is not substantial and is the minimal
necessary under the circumstances;
(c) the relief as granted will not alter the
essential character of the neighborhood;
(d) there is no other method for appellant to pursue,
other than a variance;
(e) 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.
Southold Town Board of Appeals-12' June 29, 1989 Regular Meeting
(Decision - Applo No. 3848 - RUGGLES, continued:)
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Sawicki, it was
RESOLVED, to GRANT a Variance in the Matter of the
Application of CINDY RUGGLE$ under Appeal No. 3848 for
per-mission to construct 24 ft. by 24 ft. open deck with an
insufficient rear yard setback at not less than 20 feet at its
closest point, PROVIDED that the deck not be roofed or enclosed
(as applied).
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Sawicki and Dinizio. This resolution was duly adopted.
Southold Town Board of Appeals-13-June 29, 1989 Regular Meeting
(Hearings, continued:)
7:53-7:56 p.m. Appl. No. 3844 - DR. AND MRS. IRA
WECHTERMAN. Variances to the Zoning Ordinance, Article XXIII,
Section 100-239d, and Article IIIA, Section 100-30A.3 (Article
III, Section 100-32 as Disapproved on March 9, i989) for
permission to construct deck addition with an insufficient
setback from the rear property line and an insufficient setback
from the existing concrete block retaining wall along Eugene's
(East) Creek. Lot area is nonconforming at approximately 8,200
sq. ft. in this R-40 Zone District. Property location: 630 Oak
Street, Cutchogue, NY; County Tax Map District 1000, Section
136, Block 1, Lot 42.1 (includes 41 & 42); Subdivision Map of
Eugene Heights, Lot Nos. 28, 29 and half of 27.
(See transcript of hearing for verbatim statements prepared
under separate cover and attached hereto for reference.)
Following conclusion of the hearing,
following action:
(continued on next page)
the Board took the
-14-
ACTION OF THE BOARD OF APPEALS
Appeal No. 3844:
Application for DR. IRA WECHTERMAN for a Variance to the
Zoning Ordinance, Article XXIII, Section 100-239d (now
100-239.4) and Article IIIA, Section 100-30A.3 (Article III,
Section 100-32 as Disapproved on March 9, 1989) for permission
to construct deck addition with an insufficient setback from the
rear property line and an insufficient setback from the existing
concrete block retaining wall along Eugene's (East) Creek. Lot
area is nonconforming at approximately 8,200 sq. ft. in this
R-40 Zone District. Location of Property: 630 Oak Street,
Cutchogue, NY; County Tax Map District 1000, Section 136, Block
1, Lot 42.1 (includes 41 and 42); Subdivision of Eugene
Heights), Lot Nos. 28, 29 and half of 27.
WHEREAS, a public hearing was held on June 29, 1989 under
Appeal No. 3844; 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 concer~ing 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 Oak Street in the Hamlet of Cutchoque, Town of Southold,
and is identified on the Suffolk County Tax Maps as District
1000, Section 136, Block 1, Lot 42.1.
2. The subject premises:
(a) is improved with a single-family, one-and-one-half
story framed dwelling, as shown on survey dated February 18,
Southold Town Board of Appeal~15- June 29, 1989 Regular Meeting
(Appl. No. 3844 - WECHTERMAN, decision, continued:)
1988 prepared by William R. Simmons, Jr. submitted under this
application;
(b) is known to be nonconforming as to lot area, lot
width, lot depth, rear yard setback, setback from bulkhead, and
northerly side yard setback, in this R-40 Zone District.
3. By this application, appellant requests variances for
permission to construct an open deck addition at the rear of the
existing dwelling
4. Article XXIV, Section 100-244 of the Zoning Code
requires a minimum rear yard setback to be at least 35 feet,
which is a reduction of the usual 50-ft. rear-yard requirement
for conforming lots in the R-40 Zone District.
5. In considering this application, the Board also finds
and determines:
(a) the nonconformities of the land and building in
question lend to the within practical difficulties;
(b) the difficulties cannot be obviated by some
method feasible for appellant to pursue other than a variance;
(c) the location of the deck as requested will not be
adverse to the essential character of the neighborhood;
(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 carefully considering the entire record and
all the above factors, as well as viewing the general character
of the neighborhood, it is within the best interests of justice
to grant the variance, as applied and further noted below.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Dinizio, it was
RESOLVED, to GRANT the relief requested under Appeal
No. 3845 in the Matter of DR. IRA WECHTERF~%N for the location of
Southold Town Board of Appeals-16-June 29, 1989 Regular Meeting
(Appl. No. 3844 - WECHTERMAN, decision, continued:)
an open deck addition at the rear of existing dwelling, SUBJECT
TO:
1. The provision that the deck remain open, unroofed and
unenclosed at all times (as proposed herein);
2. The recommendation that the deck be constructed as
applied within the boundaries of the concrete-block retaining
wall, and that safety measures be taken as recommended by the
Building Inspector for appropriate railing, etc;
3. That any and all lighting be shielded to the property
without adversity to nearby properties.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Sawicki, and Dinizio. This resolution was unanimously
adopted.
PUBLIC HEARINGS, continued:
7:55-8:00 p.m. Appl. No. 3845 - PHILEMON AND BARBARA
DICKERSON. Variance to the Zoning Ordinance, Article XXIV,
Section 100-244, and Article IIIA, Section 100-30A.4 (Article
III, Section 100-31 as Disapproved March 2, 1989) for permission
to construct accessory storage building in an area other than
the required rear yard. Lot area is nonconforming at
approximately 16,800 sq. ft. in this R-40 Zone District.
Property location: 3220 Delmar Drive, Laurel, NY; Laurel
Country Estates Lot #36; County Tax Map District 1000, Section
125, Block 4, Lot 14.
-17-
ACTION OF THE BOARD OF APPEALS
Appl. No. 3845:
Matter of PHILEMON AND BARBARA DICKERSON for a Variance to
the Zoning Ordinance, Article XXIV, Section 100-244 and Article
IIIA, Section 100-30A.4 (Article III, Section 100-31 as
Disapproved March 2, 1989) for permission to construct accessory
storage building in an area other than the required rear yard.
Lot area is nonconforming at approximately 16,800 sq. ft. in
this R-40 Zone District. Location of Property: 3220 Delmar
Drive, Laurel, NY; County Tax Map District 1000, Section 125,
Block 4, Lot 14.
WHEREAS, a public hearing was held on June 29, 1989 under
Appeal No. 3845; 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 Delmar Drive and along the northerly side of Gina Street
in the Hamlet of Laurel, Town of Southold, and is identified on
the Suffolk County Tax Maps as District 1000, Section 125, Block
4, Lot 14.
Southold Town Board of Appeals -18-June 29, 1989 Regular Meeting
(Decision - Appl. No. 3845 - DICKER$ON, continued:)
2. The subject premises consists of an area of 22,205 sq.
ft., is nonconforming in lot area, lot width and lot depth, and
is improved with an one-story, single-family dwelling
constructed during 1974 and situated with setbacks at
approximately 43.1 feet from the westerly front property line
along Delmar Drive and approximately 39 feet from the southerly
front property line along Gina Street.
3. Article III-A, Section 100-30A.4 provides that
accessory buildings be placed only in the required rear yard.
4. The relief requested by this application is for the
placement of a 12 ft. by 12 ft. one-story accessory garage
structure at the southeasterly section of the property which is
considered one of the front yards. The applicant is proposing a
swimmingpool some time in the future to be located in the
immediate rear yard area.
5. It is the position of this Board in considering this
application that:
(a) the circumstances are uniquely related to the
nonconformities of the land in question ;
(b) the relief is not substantial and is the minimal
necessary under the circumstances;
(c) the relief as granted will not alter the
essential character of the neighborhood;
(d) there is no other method for appellant to pursue,
other than a variance;
(e) 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.
Southold Town Board of Appeals-19- June 29, 1989 Regular Meeting
(Decision - Appl. No. 3845 - DICKERSON, continued:)
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT a Variance in the Matter of the
Application of PHILEMON AND BARBARA DICKERSON under Appeal No.
3845 for permission to construct 12 ft. by 12 ft. accessory
building in the front yard area with a setback at not less than
20 feet at its closest point to the front property line along
Gina Street, SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the accessory building be used for dead storage
incidental to the residential use of the property;
2. That the accessory building not be used for habitable
purposes;
3. That the accessory building not exceed the one-story
height (as applied).
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Sawicki and Dinizio. This resolution was duly adopted.
Southold Town Board of Appeals20- June 29, 1989 Regular Meeting
IHearings, continued:)
8:00-8:07 p.m. Appl. No. 3838 - JOSEPH D. CAVANAGH and
DAVID CICHANOWICZ. Variance to the Zoning Ordinance, Article
XXIV, Section 100-244 and Article IIIA, Section 100-30A.3
(Article III, Section 100-31 as Disapproved), for permission to
locate proposed new dwelling with an insufficient front yard
setback from the northerly property line and with an
insufficient rear yard setback from the southerly property
line. Lot area is nonconforming at 8,417 sq. ft. in this R-40
Zone District. Property location: 1375 Private Road 1-A (said
lot extending 1333.97 feet from the north side of North Ba!rview
Road), Southold, NY; County Tax Map District 1000, Section 77,
Block 3, Lot 18.
8:07-8:10 p.m. Appl. No. 3847 JOHN R. AND JEAN P.
EDLER. Variance to the Zoning Ordinance, Article IIIA, Section
100-30A.4 for permission to locate accessory building in an area
other than the required rear yard. Property location: 3030
Cleaves Point Road, East Marion, NY; County Tax Map District
1000, Section 38, Block 2, Lot 32; Marion Manor subdivision Lot
No. 4.
8:10-8:20 p.m. Appl. No. 3846 - CHESTER AND JOYCE SKWARA.
Variances to the Zoning Ordinance, Article III, Section 100-32
for approval of insufficient lot area of proposed Parcels No. 1
and No. 2. Lot area is nonconforming in this R-80 Zone District
at 76,970 sq. ft. Property location: North side of Wells Road,
Peconic, NY; County Tax Map District 1000, Section 86, Block 1,
Lot 14.
Southold Town Board of Appeal~21-June 29, 1989 Regular Meeting
(Hearings, continued:)
8:20-8:25 p.m. Appl. No. 3843 - ADAM ASSOCIATES. Variance
to the Zoning Ordinance, Article VIII, Section 100-82 for
approval of insufficient lot area and width of proposed Lot No.
4 (which is located in the LB Zone District) as shown on the
subdivision map pending before the Southold Town Planning
Board. Property location: North Side of C.R. 48, Mattituck,
NY; County Tax Map District 1000, Section 113, Block 12, Lot 10.
8:25-8:28 p.m. Appl. No. 3840 - ESTATE OF JENNIE HARRIS.
Variances to the Zoning Ordinance, Article XIV, Section 100-142
(Article III, Section 100-31 as Disapproved) for approval of
insufficient lot area and width of two proposed parcels, each
with an existing dwelling. Zone District: Light Industrial
(LI). Property location: North Side of C.R. 48, Cutchogue,
NY; County Tax Map District 1000, Section 96, Block 1, Lot 18.1
(18).
(See verbatim statements in transcript of hearing prepared under
separate cover and attached hereto for reference at the end of
Minutes.)
Following conclusion of the hearing, the Board took the
following action:
-22-
~C~ION O? THR BOARD OF APPEALS
Upon application for JENNIE HARRIS for Variances to the
Zoning Ordinance, Article XIV, Section 100-142 (Article III,
Section 100-31 as Disapproved) for approval of insufficient lot
area and width of two proposed parcels, each with an existing
dwelling. Zone District: Light Industrial (LI). Property
location: North Side of C.R. 48, Cutchogue, NY; County Tax Map
District 1000, Section 96, Block 1, Lot 18.1 (18).
WHEREAS, a public was held and concluded on June 29, 1989
in the Matter of the Application of the ESTATE OF JENNIE HARRIS
under Appeal No. 3840; 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 subject premises is a described parcel containing a
total area of 49,453 sq. ft. with 200 ft. frontage along the
north side of County Road 48 in the Hamlet of Cutchogue, Town of
Southold, is identified on the Suffolk County Tax Maps as
District 1000, Section 96, Block 1, Lot 18.1, and is improved
with two dwellings.
2. By this application, appellant requests Variances under
Article XIV, Section 100-142, Bulk Schedule of the Zoning Code
for approval of two lots, as proposed: (a) Lot #1 consisting
of 24,502 sq. ft.; and (b) Lot 92 consisting of 24,951 sq. ft.,
each with an existing single-family dwelling with setbacks as
shown on the October 25, 1988 subdivision map made by Roderick
VanTuyl, P.C.
Southold Town Board of Appeal~23~une 29, 1989 Regular Meeting
(Appeal No. 3840 -ESTATE OF JENNIE HARRIS, decision, continued:)
3. Article XIV, Section 100-142 and Bulk Schedule, of the
Zoning Code for this requires a minimum lot area of 40,000 sq.
ft. for each newly established parcel in this Light Industry
(LI) Zone District.
4. In considering this application, the Board finds and
determines:
(a) that the circumstances of this application are
uniquely related to the premises;
(b) that the relief requested is not unreasonable in
light of the circumstances;
(c) that the variance will not in turn cause a
substantial effect on the safety, health, welfare, comfort,
convenience and/or order of the Town;
(d) that although the relief requested is substantial
in relation to the requirements, the grant of the variance will
not create any increase in density since the lots are improved
with residences;
(e) that there is no other method feasible for
appellants to pursue other than a variance;
(f) that in considering all of the above, the
interests of justice will be served by granting the variance, as
applied.
ACCORDINGLY, on motion by Mr. Dinizio, seconded by
Mr. Sawicki, it was
RESOLVED, to GRANT the relief as requested under Appeal No.
3840 in the Matter of the Application - ESTATE OF JENNIE HARRIS,
as applied.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Grigonis, Sawicki and Dinizio. This resolution was duly adopted.
Southold Town Board of Appeals-24~une 29, 1989 Regular Meeting
(Hearings, continued:)
8:28-8:33 p.m. Appl. No. 3855 - BARBARA BRUCH. Variance
to the Zoning Ordinance, Article XXIII, Section 100-239d for
permission to locate new dwelling structure with an insufficient
setback from existing concrete seawall along Arshamomaque Pond.
Property location: 80 Beverly Road, Southotd, NY; County Tax
Map District 1000, Section 52, Block 2, Lot 39.
8:33-8:36 p.m. Appl. No. 3856 - JO~ AND MARIAN BOPP.
Variance to the Zoning Ordinance, Article XXIV, Section 100-244
for permission to construct deck addition with an insufficient
rearyard setback. Lot area is nonconforming at approximately
13,500 sq. ft. in this RO Zone District. Property location:
West side of Maple Street, Mattituek, NY; County Tax Map
District 1000, Section 140, Block 3, Lot 24.
(See transcript of hearing for verbatim statements prepared
under separate cover and attached hereto for reference.)
8:40-8:45 p.m. Appl. No. 3861 - HAROLD AND HATTIE STETLER.
Variance to the Zoning Ordinance, Article IIIA, Section
100-30A.4 for permission to locate accessory building in an area
other than the required rear yard. Property location: 670
Wiggins Lane, Greenport, NY; County Tax Map District 1000,
Section 35, Block 4, 28.7.
8:45 p.m. Appl. No. 3808 - GUNTER MORCHEL. Variances to
the Zoning ordinance, Article X, Section 100-102 for permission
to construct addition with an insufficient rearyard setback and
lot coverage in excess of maximum limit of 30% (as disapproved),
Article XXIV, Section 100-244B, and Article XXIV, Section
100-242(A) concerning extension of nonconforming side and front
yard setbacks. Lot area is nonconforming at approximately 9961
sq. ft. in this General Business (B) Zone District. Property
location: Corner of the South Side of the Main Road and the
East Side of Sigsbee Road, Mattituck, NY; County Tax Map
District 1000, Section 143, Block 2, Lot 1 (or 1 and 30).
No one appeared either in behalf of or against this application.
8:47 p.mo Appl. No. 3797 - FISHERS ISLAND UTILITY COMPANY,
INC. The Board reopened the written portion of the hearing and
took the following action:
On motion by Mr. Goehringer, seconded by Mr. Dinizio, it was
RESOLVED, to accept all written submissions under this
application to date, and it was further
Southold Town Board of Appeals-25-June 29, 1989 Regular Meeting
(Hearings, continued:)
RESOLVED, to conclude the hearing, in its entirety; and it
was further
RESOLVED, to rescind this Board's prior resolution rendered
February 9, 1989, and commence deliberations concerning a
Variance to the Zoning Ordinance, Article III, Section 100-32
{previously 100-31) for approval of insufficient area of two
proposed parcels in this pending division of land. Property
location: West Side of Crescent Avenue and the North Side of
Central Avenue, Fishers Island, NY; County Tax Map District
1000, Section 6, Block 6, Lot 20.4. Zone District: R-80.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Grigonis, Sawicki and Dinizio. This resolution was duly adopted.
The Board Members deliberated and discussed the updates
since the verbatim portion of the hearing, and the following
action was taken:
Southold Town Board of Appeals26- June 29, 1989 Regular Meeting
ACTION OF THE BOARD OF APPEALS
At a Meeting of the Zoning Board of Appeals held on
Thursday, June 29, 1989, the following action was taken:
Upon application for FISHERS ISLAND UTILITY COMPANY, INC.
for Variances to the Zoning Ordinance, Article III, Section
100-31 for approval of insufficient area of two proposed parcels
in this pending division of land. Location of Property: West
Side of Crescent Avenue and North Side of Central Avenue,
Fishers Island, NY; County Tax Map District 1000, Section 6,
Block 6, Lot 20.4.
WHEREAS, on December 10, 1987, a Notice of Disapproval was
issued by the Building Inspector disapproving an application
dated December 10, 1987 on the following grounds:
Article III, Section 100-31, Bulk and Parking. Variance
required by Zoning Board of Appeals for insufficient total
area; Article I, Section 106-20, subdivisions by Authority
of the Planning Board; AND
WHEREAS, on November 3, 1988, an Application for Variances
was filed under Appeal No. 3797; and
WHEREAS, on January 10, 1989, a new Master Plan Zoning
Update was adopted under Local Law No. 1-1989, by the Southold
Town Board; and
WHEREAS, on January 12, 1989, the verbatim portion of the
public hearing was held in this matter, and the statements were
recorded and made a part of this record; and
WHEREAS, on or about February 2, 1989, the new Zoning
Update Map and Regulations, designating the subject premises
"R-80," was deemed in effect, requiring a minimum lot area of
80,000 sq. ft.; and
Southold Town Board of Appeals-27~une 29, 1989 Regular Meeting
(Appl. No. 3797 - F.I. UTILITY CO. INC. decision, continued:)
WHEREAS, on June 29, 1989, this Board accepted all written
information submitted in the record, including the survey maps
updated June 21, 1989 prepared by Chandler, Palmer and King, and
Town Trustees evaluation conducted concerning accuracy of the
flagged wetland line, and the hearing was deemed concluded in
its entirety; 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 at the intersection
of Central Avenue (north) and Crescent Avenue on Fishers Island,
Town of Southold, and is more particularly identified on the
Suffolk County Tax Maps as District 1000, Section 6, Block 6,
Lot 20.4.
2. The subject premises is vacant, contains a total lot
area of 2.53 acres with frontages along the north side of
Central Avenue of 341.43 feet and along the west side of
Crescent Avenue of 397.72 feet.
3. By this Application, Appellant requests Variances from
the Zoning Code provisions for approval of insufficient lot area
of: (a) Proposed Lot No. 1 of 1.25 acres and (b) Proposed Lot
No. 2 of 1.28 acres, as shown on the updated survey map dated
June 21, 1989 prepared by Chandler, Palmer and King, L.S.
4. Article III, Section 100-32, Bulk Schedule, of the
Zoning Code requires a minimum lot area of 80,000 sq. ft. for
each newly established parcel in the R-80 Zone District.
5. In viewing the immediate area of the subject property,
it is noted: (a) that a majority of the lots within the same
Block 6 of the County Tax Maps consists of lots of a similar
size, some slightly more and some slightly less; (b) that
iK~ediately abutting the subject premises on the northwesterly
section are lots located in Zone District "R-40" (minimum lot
size requirement: 40,000 sq. ft.); ~c) that north one lot of
the subject premises and opposite the subject premises, along
the east side of Crescent Avenue, are other lots also located in
Zone District "R-40."
Southold Town Board of Appeals28-June 29, 1989 Regular Meeting
(Appl. No. 3797 - F.I. UTILITY CO. INC. decision, continued:)
6. In considering this application, the Board finds and
determines:
(a) that the circumstances of this application are
uniquely related to the premises;
(b) that the relief requested is not out of character
with the immediate area;
(c) that the variance will not in turn cause a
substantial effect on the safety, health, welfare, comfort,
convenience and/or order of the Town;
(d) that although the relief requested is substantial
in relation to the requirements, the grant of the variance will
not in effect establish a zone district at odds with all other
zone districts, particularly due to the character of the
immediate area;
(e) that a denial of the variance would lend to
burdens on the landowner to continue ownership of a lot that is
substantially larger than most of those within the same block;
(f) that the lots are intended to be used as
affordable housing.
(g) that in considering all of the above, the
interests of justice will be served by granting the variance.
7. It is also noted for the record that during the early
part of June 1989, concerns were addressed by the Town Trustees
and the accurancy of the "flagged wetland area" shown on the
survey maps, and the Town Trustees Office has confirmed that the
maps are accurate and the proposed house locations (building
envelopes) are suitable as depicted.
ACCORDINGLY, on motion by Mr. Goehringer, seconded by
Mr. Dinizio, it was
RESOLVED, to rescind the previous resolution of this Board
adopted February 9, 1989; and it was
FURTHER RESOLVED, to GRANT the relief, as requested and as
referenced in the above findings.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Grigonis, Sawicki and Dinizio. This resolution was duly adopted.
-29-
ACTION OF THE BOARD OF APPEALS
Appeal No. 3856:
Application for JOHN AND MARIAN BOPP for a Variance to the
Zoning ordinance, Article XXIV, Section 100-244 for permission
to construct deck addition with an insufficient rear yard
setback. Lot area is nonconforming at approximately 13,500 sq.
ft. in this RO Zone District. Location of Property: West
side of Maple Street, Mattituck, NY; County Tax Map District
1000, Section 140, Block 3, Lot 24.
WHEREAS, a public hearing was held on June 29, 1989 under
Appeal No. 3856; 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 westerly
side of Maple Street in the Hamlet of Mattituck, Town of
Southold, and is identified on the Suffolk County Tax Maps as
District 1000, Section 140, Block 3, Lot 24.
2. The subject premises:
(a) is improved with a single-family, one-and-one-half
story framed house, as shown on survey dated September 29, 1965
prepared by VanTuyl & Son, LoS. submitted under this application;
(b) is nonconforming as to lot area, lot width,
and rear yard setback in this Residential-Office (RO)
District;
lot depth
Zone
Southold Town Board of Appeals30- June 29, 1989 Regular
Meeting
(App1. No. 3856 - BOPP decision, continued:)
(c) is bounded on the north by properties located in the
R-40 Low-Density Residential Zone District and on the west and
south by properties located in the Residential-office (RO) Zone
District.
3. By this application, appellant requests a variance from
Article XXIV, Section 100-244 for permission to construct an
open 16 ft. deck addition at the rear of the existing dwelling
reducing the existing nonconforming setback from 26'6" to 16'6"
(inclusive of existing and proposed porch and/or step areas).
4. Article XXIV, Section 100-244 of the Zoning Code
requires a minimum rear yard setback to be at least 35 feet,
which is a reduction of the usual 50-ft. rear-yard requirement
for conforming lots in the RO Zone District.
5. In considering this application, the Board also finds
and determines:
(a) the nonconformities of the land and building in
question lend to the within practical difficulties;
(b) the difficulties cannot be obviated by some
method feasible for appellant to pursue other than a variance;
(c) the location of the deck as requested will not be
adverse to the essential character of the neighborhood;
(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 carefully considering the entire record and
all the above factors, as well as viewing the general character
of the neighborhood, it is within the best interests of justice
to grant the variance, as applied and further noted below.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT the relief requested under Appeal
No. 3856 in the Matter of JOHN AND MARIAN BOPP for the location
of an open deck addition at the rear of existing dwelling with
the following PROVISIONS:
1. That the rear yard setback not be reduced less than the
requested 16'6" (inclusive of all porch and/or step areas);
$outhold Town Board of Appeals -31- June 29, 1989 Regular
Meeting
(Appl. No. 3856 - BOPP decision, continued:)
2. That the deck remain open and unroofed at all times.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Sawicki, and Dinizio. This resolution was unanimously
adopted.
-32-
ACTION OF THE BOARD OF APPEALS
Appl. NO. 3838:
Matter of JOSEPH D. CAVANAGR and DAVID CICHANOWICZ for a
Variance to the Zoning Ordinance, Article XXIV, Section 100-244
and Article IIIA, Section 100-30A.3 (Article III, Section 100-31
as disapproved) for permission to locate proposed new dwelling
with an insufficient front yard setback from the northerly
property line and with an insufficient rear yard setback from
the southerly property line. Lot area is nonconforming at 8,417
sq. ft. in this R-40 Zone District. Location of Property: 1375
Private Road 1-A (said lot extending 1333.97 feet from the north
side of North Bayview Road), Southold, NY; County Tax Map
District 1000, Section 77, Block 3, Lot 18.
WHEREAS, a public hearing was held on June 29, 1989 under
Appeal No. 3838; 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 a private right-of-way referred to as Private Road #l-A,
in the Hamlet and Town of Southold, and is identified on the
Suffolk County Tax Maps as District 1000, Section 77, Block 3,
Lot 18.
Southold Town Board of Appeals -33- June 29, 1989 Regular Meeting
2. The property is vacant land consisting of an area of
8,4417 sq. ft. and is nonconforming in lot area, lot width and
lot depth.
3. For the record it is noted that a portion of the
subject right-of-way has been considered by the Board of Appeals
under Appl. Nos. 2627 and 2628 on October 11, 1979 (G. MacLean)
and was granted a conditioned approval under New York Town Law,
Section 280-A, subject to improvements to the right-of-way under
Board of Appeals specifications).
4. By this Board's letter dated June 9, 1989, the
applicants were advised that the right-of-way must be upgraded
by filling all potholes and depressions with medium-size gravel
(mixed with sand) for the entire length and existing width.
5. Article III-A, Section 100-32A and Column ii of the
Bulk Schedule of the Zoning Code requires a minimum rear yard
setback at 50 feet and minimum sideyard at 20 feet. Article
XXIV, Section 100-244(B) permits a rear yard reduction for a
principal structure to 35 feet in the front yard, 35 feet in the
rear yard, and 10 and 15 ft. for side yards, for lots containing
less than 20,000 sq. ft.
6. The relief requested by this application is for a
reduction of the most northerly front yard setback from 35 feet
to approximately 23 feet and from the most southerly yard
setback to not less than 10 feet.
7. It is the position of this Board in considering this
application that:
(a) the circumstances are unique to the property,
having frontage along three rights-of-way or roads;
(b) the relief, as alternatively granted, is the
minimal necessary under the circumstances;
(c) the relief, as alternatively granted, will not
alter the essential character of the neighborhood;
(d) there is no other method for appellant to pursue,
other than a variance;
(e) 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.
Southold Town Board of Appeals-34-June 29, 1989 Regular Meeting
(Appl. No. 3838 - CAVANAGH AND CICHANOWICZ decision, continued:)
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis, it was
RESOLVED, to GRART alternative relief for the placement of
the newly proposed principal building under the Application of
JOSEPH D. CAVANAGH and DAVID CICHANOWICZ under Appeal No. 3838
at not less than 11 feet from the southerly property line along
land now or formerly of Westerbeke (Lot #1000-77-3-19) and at
not less than 22 feet from the northerly front property line, at
its closest points; and it was further
RESOLVED, that the legal right-of-way extending from the
north side of North Bayview Road to the subject lot be upgraded,
pursuant to New York Town Law Section 280-A, as follows:
Ail potholes and depressions shall be filled with
medium-size gravel (mixed with sand) for the entire
length and existing width.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Sawicki and Dinizio. This resolution was duly adopted.
-35-
A~m!ON OF THE BOARD OF APPEALS
Appeal No. 3867:
Application of REV. JOHN R. AND JEAN P. EDLER for a
Variance to the Zoning Ordinance, Article III-A, Section
100-30A.4 [previously 100-32) for permission to locate accessory
building in an area other than the required rear yard. Location
of Property: 3030 Cleaves Point Road, East Marion, NY; County
Tax Map District 1000, Section 38, Block 2, Lot 32; Marion Manor
Subdivision Lot 4.
WHEREAS, a public hearing was held and concluded on
June 29, 1989 in the Matter of the Application of REV. JOHN R.
AND JEAN P. EDLER under Appeal No. 3867; 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 south
side of Cleaves Point Road in the Hamlet of East Marion, Town of
Southold, and is identified on the Suffolk County Tax Maps as
District 1000, Section 38, Block 2, Lot 32.
Southold Town Board of Appeals-36- June 29, 1989 Regular Meeting
(Appl. No. 3847 - EDLER decision, continued:)
2. The subject premises is known and referred to as Lot
No. 4 on the Subdivision Map of "Marion Manor" and contains a
total area of approximately 24,000 sq. ft. This parcel is
improved with a single-family dwelling and accessory shed
structure, both as more particularly shown on the copy of the
survey/sketch submitted with this application. The closest
setback of the dwelling with new addition to the existing
bulkhead is shown to be approximately 82 feet, and the existing
shed is located in the easterly side yard area.
3. By this application, appellants request a variance from
Article III-A, Section 100-30A.4 of the Zoning Code for
permission to locate 24' x 24' accessory building with a setback
of approximately five feet from the easterly property line and
approximately 60 feet from the northerly (front) property line,
as sketched on the copy of survey submitted for consideration.
The distance between the accessory building and the dwelling is
shown to be approximately 50 feet. The subject building is
proposed for those accessory uses specifically permitted in the
zoning code for this R-40 Zone District and at a height not to
exceed 18 feet (per code). See copies of construction plan
sketches for building data.
4. Article III, Section 100-33 (referred from Article
III-A, Section 100-30A.4) of the Zoning Code allows accessory
buildings to be located in the required rear yard area, but does
not provide for accessory buildings to be located in any other
yard area. The required rear yard area for this parcel is that
land area between the house and the bulkhead.
5. In considering this application, the Board finds and
determines:
(a) that the circumstances of this application are
uniquely related to the premises and its established
nonconformities;
(b) that there is no other method for appellants to
pursue; and placing the structure in any other location on the
premises will require other variance relief;
(c) that the area chosen for the accessory structure
is not unreasonably located;
(d) that the variance will not in turn cause a
substantial effect on the safety, health, welfare, comfort,
convenience and/or order of the Town;
(e) that precedents have been established in area
waterfront co--unities for the same or similar placement of
accessory buildings in a yard area different than the seaward
areas of the dwellings;
Southold Town Board of Appeals -37- June 29, 1989 Regular Meeting
(Appl. No. 3847 - EDLER decision, continued:)
(f) that in carefully considering the record and all
the above factors, the interests of justice will be served by
granting the variance, as applied and conditionally noted below.
Accordingly, on motion by Mr. Dinizio, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT a Variance in the Matter of the
Application of REV. JOHN AND JEAN EDLER as applied under
Appeal No. 3847 for the placement of a 24' by 24' accessory
building in the front yard area (as described in the above
Findings Paragraph #3), SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the accessory building be located not closer than
five feet to the easterly property line at its closest point (as
applied);
2. That the accessory building not exceed the height
provisions (per Code at 18 feet);
3. That no business enterprise be established within the
building;
4. Ail other provisions of the Code as pertain to
accessory uses and accessory buildings for this Zone District
(such as storage and garage uses).
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Sawicki and Dinizio. This resolution was duly adopted.
-38-
ACTION OF THE BOARD OF APPEALS
Appeal No. 3846:
Upon application of CHESTER AND JOYCE SKWARA for Variances
to the Zoning Ordinance, Article III, Section 100-32 for
approval of insufficient lot area of proposed Parcels No. 1 and
No. 2. Lot area is nonconforming in this R-80 Zone District at
76,970 sq. ft. Property location: North Side of Wells Road,
Peconic, NY; County Tax Map District 1000, Section 86, Block 1,
Lot 14.
WHEREAS, a public was held and concluded on June 29, 1989
in the Matter of the Application of CHESTER AND JOYCE SKWARA
under Appeal No. 3846; 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 subject premises is a described parcel of land
containing a total area of 1.767 acres with 398.0 ft. lot width
along the north side of Wells Road, Peconic, Town of Southold,
is identified on the Suffolk County Tax Maps as District 1000,
Section 86, Block 1, Lot 14, and is improved with a
single-family dwelling structure situated in the most westerly
section of the property.
2. Under jurisdiction by this Board in this application is
the requested lot area of proposed Lot No. 1 of 40,000 sq. ft.
and proposed Lot No. 2 of 36,992 sq. ft. The existing dwelling
will remain on Lot No. 2, as shown on the May 11, 1988 Map of
Set-Off prepared by Roderick VanTuyl, P.C.
Southold Town Board of Appeals-39- June 29, 1989 Regular Meeting
(Appl. No. 3846 - SKWARA decision, continued:)
3. The subject premises is located in the R-80 Low-Density
Residential Zone District. Lands contiguous to the north and
northeast are zoned R-80. Lands contiguous to the west are
zoned R-40, containing lots of a similar or smaller size than
that proposed (40,000 sq. ft. or less). Lands located to the
south, on the southerly side of Wells Road, also consist of lots
containing a lot area 40,000 sq. ft. or less and zoned R-40.
4. Article III, Section 100-32 and Bulk Schedule, of the
Zoning Code for this requires a minimum lot area of 80,000 sq.
ft. and 175 ft. width for each newly established parcel in the
R-80 Zone District; Article III-A, Section 100-32-A, Column ii
of the Bulk Schedule requires a minimum lot area of 40,000 sq.
ft. and 150.0 ft. width.
5. In considering this application, the Board finds and
determines:
(a) that the circumstances of this application are
uniquely related to the premises;
(b) that the relief requested is not unreasonable in
light of the circumstances;
(c) that the variance will not in turn cause a
substantial effect on the safety, health, welfare, comfort,
convenience and/or order of the Town;
(d) that although the relief requested is substantial
in relation to the requirements, this is the only parcel
remaining in this residential community which is substantially
larger than those existing;
(e) that there is no other method feasible for
appellants to pursue other than a variance;
interests of
applied.
that in considering all of the above, the
justice will be served by granting the variance,
as
ACCORDINGLY, on motion by Mr. Sawicki, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT the relief, as requested, under Appeal
No. 3846 in the Matter of the Application of CHESTER AND JOYCE
SKWARA for insufficient lot area of Parcels No. 2 and 1,
containing 40,000 sq. ft. and 36.992 sq. ft., respectively.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Grigonis, Sawicki and Dinizio. This resolution was duly adopted.
-40-
ACTION OF THE BOARD OF APPEALS
Appeal No. 3843:
Upon application of ADAM ASSOCIATES for a Variance to the
Zoning Ordinance, Article VIII, Section 100-82 for approval of
insufficient lot area and width of proposed Lot No. 4 (which is
located in the LB Zone District) as shown on the subdivision map
pending before the Southold Town Planning Board. Property
location: North Side of C.R. 48, Mattituck, NY; County Tax Map
District 1000, Section 113, Block 12, Lot 10.
WHEREAS, a public was held and concluded on June 29, 1989
in the Matter of the Application of the ADAM ASSOCIATES under
Appeal No. 3843; 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 subject premises is a described parcel of land
containing a total area of 7.6797 acres with 150.54 ft. frontage
along the north side of County Road 48 and 363.36 ft. frontage
along a private right-of-way (to the north), Hamlet of
Mattituck, Town of Southold, and identified on the Suffolk
County Tax Maps as District 1000, Section 113, Block 12, Lot
10.
2. Under jurisdiction by this Board in this application is
the requested lot area of proposed Lot No. 4 of 56,029 sq. ft.
with the established 150.54 ft. lot width. The remaining
section of the premises is proposed for division into three
other lots which will conform to the minimum lot size
requirement for the R-80 Low-Density Residential Zone District
as follows: (a) Lot 91 consisting of 90,182 sq. ft.;
lb) Lot #2 consisting of 98,275 sq. ft. and (c) Lot #3
Southold Town Board of Appeals -41- June 29, 1989 Regular Meeting
(Appl. No. 3843 - ADAM ASSOCIATES decision, continued:)
consisting of 90,000 sq. ft., all as shown on the Minor
Subdivision Map prepared by Peconic Surveyors & Engineers dated
May 7, 1987 (revised January 30, 1989).
3. Article VIII, Section 100-82 and Bulk Schedule, of the
Zoning Code for this requires a minimum lot area of 80,000 sq.
ft. and 175 ft. width for each newly established parcel in this
Limited Business (LB) Zone District.
4. In considering this application, the Board finds and
determines:
(a) that the circumstances of this application are
uniquely related to the premises;
(b) that the relief requested is not unreasonable in
light of the circumstances;
(c) that the variance will not in turn cause a
substantial effect on the safety, health, welfare, comfort,
convenience and/or order of the Town;
(d) that although the relief requested is substantial
in relation to the requirements, the grant of the variance will
not create any increase in density since the lots are improved
with residences;
(e) that there is no other method feasible for
appellants to pursue other than a variance;
(f) that in considering all of the above, the
interests of justice will be served by granting the variance,
applied.
ACCORDINGLY, on motion by Mr. Dinizio, seconded by
Mr. Sawicki, it was
RESOLVED, to GRANT the relief as requested under Appeal No.
3843 in the Matter of the Application of ADAM ASSOCIATES for
insufficient lot area and width of proposed Lot No. 4 of 56,029
sq. ft. and 150.54 feet, respectively.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Grigonis, Sawicki and Dinizio. This resolution was duly adopted.
$outhold Town Board of Appeals -42-June 29, 1989 Regular Meeting
ACTION OF THE BOARD OF APPEALS
Appeal No. 38~5:
Application for BARBARA BRUCH for a Variance to the Zoning
Ordinance, Article XXIII, Section 100-239d (now 100-239.4) for
permission to locate new dwelling structure with an insufficient
setback from existing concrete seawall along Arshamomaque
Pond. Location of Property: 80 Beverly Road, Hamlet and Town
of Southold, NY; County Tax Map District 1000, Section 52, Block
2, Lot 39.
WHEREAS, a public hearing was held on June 29, 1989 under
Appeal No. 3855; 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 Beverly Road in the Hamlet and Town of Southold, and is
identified on the Suffolk County Tax Maps as District 1000,
Section 52, Block 2, Lot 39.
2. The subject premises:
(a) is a vacant lot consisting of a lot area of 9,797 sq.
ft., lot width of 126.76 feet, and lot depth of 75 feet, all as
shown on survey dated September 28, 1987, revised lastly May 12,
1989, prepared by Peconic Surveyors and Engineers, P.C.;
Southold Town Board of Appeals-4~June 29, 1989 Regular Meeting
(Appl. No. 3855 - BRUCH decision, continued:)
(b) is located in the R-40 Zone District;
(c) is bounded on the westerly side by "Beverly Road"
and further west by a parcel {now or formerly of Pappas}
improved with a dwelling shown on the sketch submitted under
this application to be set back approximately 26 feet at its
closest point and at 40 feet, from the concrete seawall
structure along Arshamomague Pond;
(d) is bounded on the easterly side by a parcel {now
or formerly of Fred and Barbara Bruch} improved with a dwelling
shown to be set back approximately 35 feet from the concrete
seawall structure along Arshamomaque Pond.
3. By this application, appellant requests variances for
permission to locate a new principal dwelling structure as more
specifically designated on the May 12, 1989 survey map prepared
by Peconic Surveyors and Engineers, P.C. at not less than 35
feet from the nearest point of the deck to the existing concrete
seawall and not less than 47+- feet to the mean highwater mark.
4. The only area of jurisdiction by the Board of Appeals
in this application is under Article XXIII, Section 100-239.4 of
the Zoning Code, which requires a minimum setback from a
concrete wall to be at 75 feet (or greater).
5. Although the amount of relief requested by this
application is substantial in relation to the requirement, the
setback requested is not out of character with the two dwellings
existing on both sides along the same seawall.
6. In considering this application, the Board also finds
and determines:
(a) the nonconformities of the land and building in
question lend to the within practical difficulties;
(b) the difficulties cannot be obviated by some
method feasible for appellant to pursue other than a variance;
(c) the location of the dwelling as requested will
not be adverse to the essential character of the neighborhood;
Southold Town Board of Appeals -44~une 29, 1989 Regular Meeting
(Appl. No. 3844 - WECHTERMAN, decision, continued:)
(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 carefully considering the entire record and
all the above factors, as well as viewing the general character
of the neighborhood, it is within the best interests of justice
to grant the variance, as applied and further noted below.
Accordingly, on motion by Mr. Grigonis, seconded by
Mr. Sawicki, it was
RESOLVED, to GRANT the relief requested under Appeal
No. 3855 in the Matter of BARBARA BRUCH for the location of a
principal dwelling structure with reduced setbacks from the
existing seawall, as described above and applied, PROVIDED that
there be no disturbance of the land between the deck (dwelling)
construction to the existing seawall.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Sawicki, and Dinizio. This resolution was unanimously
adopted.
ENVIRONMENTAL DECLARATIONS: Motion was made by
Mr. Goehringer, seconded by Mr. Dinizio, to declare the
following Declarations pursuant to the N.Y.S. Environmental
Quality Review Act (SEQRA) and Chapter 44 of the Code of the
Town of Southold on each of the following, infra:
Southold T6wn Board of Appeals -45- June 29, 1989 Regular Meeting
Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3856
PROJECT NA~: JOHN & MARIAN BOPP
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 similhr
project ......
TYPE 'OF ACTION:
DESCRIPTION OF ACTION:
rearyard setback
LOCATION OF PROJECT: Town of Southold~ County of. suffolk, more
particularly known as: Maple Street, Mattituck, N~
k000-140-3-24
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
· ~>~ Type II [ ] Unlisted [ ]
ConstruCt deck addition'with an .insufficient
Southold Town Board of Appeals -46- June 29 , 1989 Regular Meeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3838
PROJECT NA~: J. CAVANAGH and D. CICHANOWICZ
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.So 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 simil&r
project ....
TYPE 'OF ACTION: · [ ~ Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Construck'one family dwelling with'
insufficient front and rearyard setbacks
LOCATION OF PROJECT: Town of Southoldl County of. Suffolk, more
particularly known as: 1375 Private Road lA, Southold, Ny
1000-77-3-18
REASON(S) SUPPORTING THIS DETERMINATION:
(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 a setback variance as regulated by
Section 617.13, 6 NYC~R, SEQRA.
Southold Town Board of Appeals-47- June 29, 1989 Regular Meeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3845
PROJECT NA~: PHILEMON DICKERSON
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 ~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: . ~ ] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: ConstruCt' accessory shed in frontyard area.
LOCATION OF PROJECT: Town of Southeldl County of. Suffolk, more
particularly known as: 3220 Delmar Drive, Laurel,_NY
125-4-14
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;
(2) The relief requested is a setback variance as regulated by
Section 617.13, 6 NYCRR, SEQRA
Southold Town Board of Appeals -48- June 29, 1989 Regular Meeting
(Environmenta'l Declarations, Continued:)
S.E..Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPF-AL NO.:
PROJECT NACRE:
3847
REV. JOHN EDLER
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 similhr
project.
TYPE OF ACTION: · DJ Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Construct' accessory garage in fr6n~ yard
LOCATION 0F PROJECT: Town of Southold; County of. Suffolk, more
particularly known as: 3030 CleavEs Pt. Rd.-, East Marion, NY
1000-38-2-32
REASON(S) SUPPORTING THIS DETER~1INATION:
(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 a setback variance as regulated by
Section 617.13, 6 NYCRR, SEQRA
,Southold Town Board of Appeals -49- June 29, 1989 Regular Meeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPF~AL NO.: 3850
PROJECT NAME: ROBERT GABRIEL
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: · [xJ Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: ConstruCt one family dwelling with.
insufficient lot width at building line.
LOCATION OF PROJECT: Town of Southold~ County of. Suffolk, more
particularly known as: Aldrich Lane, Laurel, NY
1000-125-2-1.14
REASON(S) SUPPORTING THIS DETEP~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 a setback variance as regulate~ by
Section 617.13, 6 NYCR-R, SEQRA
Southold Town Board of Appeals -50- June 29, 1989 Regular Meeting
(Environmental Declarations, Continued:)
$.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determinstion of Non-Significance
APP~L NO.: 3841
PROJECT NAME:
GERARD GAUGHRAN
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: Construc't' addition to existing dwelling
with an insufficient rear yard setback.
LOCATION OF PROJECT: Town of Southold~ County of. suffolk, more
particularly knQwn as: 49925 Main Road, ~So~thold,.NY
1000-70-5-2
REASON(S) SUPPORTING THIS DETEP~INATION:
(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 a setback variance as regulated by
Section 617.13, 6 NYCRR, SEQRA
Southold Town Board of Appeals -51- June 29, 1989 Regular Fleeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3840
PROJECT NA~: JENNIE HARRIS ESTATE
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 To~n of Southold.
This board determines the within project not to have a signifi-...
cant adverse~effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination'made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: IX] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION:Proposed'division of parcel with'two houses,
into two separate parcels each containing a house and insufficient lot
area ~nd width.
LOCATION OF PROJECT: Town of Southold~ County of. Suffolk, more
particularly known as: 21755 CR 48, Cutchogue, NY_
1000-96-1-18.1
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) This is a lot-line variance as'regulated'by Section'617.13,
6 NYCRR
Southold Town Board of Appeals -52- June 29, 1989 Regular Meeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Deter~instion of Non-Significance
APPEAL NO.: 3808
PROJECT NA~:
GUNTER ~ORCHEL
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-...
cant adverse_effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination'made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: . IX] Type
DESCRIPTION OF ACTION: ConstruCt addition to building with an
· insufficient rearyard setback
LOCATION OF PROJECT: Town of Southoldl County of. suffolk, more
particularly known as: 9820 Main Road, Mattituck, NY
1000-143-2-1
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has baen
submitted which indicates that no significant adverse effects to
thc 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
Southold Town Board of Appeals -53- June 2~, 1989 Regular Meeting
(Environmental Declarations, Continued:)
$.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APP~L NO.: 3848
PROJECT NA~:
MITCHELL & CINDY RUGGLES
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: Construct'deck addition to dwellin~ with
insufficient rearyard setback on this nonconforming lot
LOCATION OF PROJECT: Town of Southold~ County of. Suffolk, more
particularly known as: 1150 Nakomis Rd., $outhold, NY
1000-78-3-15
REASON(S) SUPPORTING THIS DETER~INATION:
(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 a setback variance as regulated by
Section 617.13, 6 NYCRR, SEQRA
Southold Town Board of Appeals -54- June 29, 1989 Regular Meeting
Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APP~AL NO.: 3846
PROJECT NA~: CHESTER & JOYCE SKWARA
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:
DESCRIPTION OF ACTION:
parcels
Type II [ ] Unlisted [ ]
Subdivide parcel with one house into two
LOCATION OF PROJECT: Town of Southoldl County of, suffolk, more
particu%arly known as: 3720 Well. s Road, .Pe.conic, ~Y
1000-86-1-14
REASON(S) SUPPORTING THIS DETEP~INATION:
(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 a lot-line variance as regula~e~ by Section '617,13,
6 NYCRR.
Southold Town Board of Appeals -55- June 29., 1989 Regular Meeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONS~ENTAL DECLARATION
Notice of Determination of Non-Significance
APPF-~L NO.: 3844
PROJECT NA~E:
DR. IRA WECHTERMAN
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 no~t 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: Construct deck addition within 7.5'-of
existing bulkhead and insufficient rearyard
LOCATION OF PROJECT: Town of Southoldl County of. Suffolk, more
particularly known as: 630 Oak Street, Cutchogue, ~Y
1000-136-1-42.1
REASON(S) SUPPORTING THIS DETERMINATION:
(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 a setback variance as regulated by
Section 617.13, 6 NYCRR, SEQRA
Southold Town Board
Appeals -56- June
1989 Regular Meeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determinstion of Non-Significance
APPEAL NO.: 3855
PROJECT NA~: BARBARA BRUCH
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--n°t 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: · k ] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION:Construct'single family dwelling.within 75"
of bulkhead
LOCATION OF PROJECT: Town of Southold~ County of Suffolk, more
particularly known as: End of Beverly DrivE, Sout~old,° NY
1000-52-2-39
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The relief requested is a setback vari~n.ce as regulated by
Section 617.13, 6 NYCRR, SEQRA
(3) Construction prqposed is landward of existing structures.
Southold Town Board
Appeals -57-
June , 1989 Regular Meeting
Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL D.ECLARATION
Notice of Determination of Non-Significance
APPF-~L NO.: 386.2
PROJECT NA~E: HAROLD & HATTIE STETLER
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_~ffect 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: PermisSion to locate accessory-b~ilding'£n
an area other.than the required rear yard.
LOCATION OF PROJECT: Town of Southold~ County of. Suffolk, more
particularly known as: 670 wiggins Lane,.Greenpor~, NY
1000-35-4-28.7
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 617.13, 6 NYCRR, SEQRA
Southold Town Board
Appeals -58-
Jun~ 19, 1989 Regular Meeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APP~L NO.: 3843
PROJECT NA~:
ADAM ASSOCIATES
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-...
cant adverse~effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination'made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: · IX] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Approval'of insufficient lot area ~nd width
of proposed Lot No. 4 (which is located in the LB Zone District)
LOCATION OF PROJECT: Town of Southold~ County of. Suffolk, more
particularly known as: CR 48, Mattituck,.N¥
1000-113-12-10
REASON(S) SUPPORTING THIS DETEP~INATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned; ~.
(2) This is a lot-line variance as regulate~'by Section'617.13,
6 NYCRR
Southold Town Board of Appeals -59- June 29, 1989 Regular
Meeting
(Environmental Declarations, continued:)
Vote of the Board: Ayes:
Grigonis, Sawicki and Dinizio.
adopted.
Messrs. Goehringer, Doyen,
This resolution was duly
ACTION OF THE BOARD OF APPEALS
Appeal No. 386~:
Application of HAROLD AND HATTIE STETLER for a Variance to
the Zoning Ordinance, Article III-A, Section 100-30A.4
(previously 100-32) for permission to locate accessory building
in an area other than the required rear yard. Location of
Property: 670 Wiggins Lane, Greenport, NY; County Tax Map
District 1000, Section 35, Block 4, Lot 28.7.
WHEREAS, a public hearing was held and concluded on
June 29, 1989 in the Matter of the Application of HAROLD AND
HATTIE STETLER under Appeal No. 3861; 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 south
side of Wiggins Lane in the Hamlet of Greenport, Town of
Southold, and is identified on the Suffolk County Tax Maps as
District 1000, Section 35, Block 4, Lot 28.7.
Southold Town Board of Appeals -60-June 29, 1989 Regular Meeting
(Appl. No. 386~ - STETLER decision, continued:)
2. The subject premises is a described parcel of land
containing a total area of approximately 39,000 sq. ft. and is
improved with a 1-1/2-story frame dwelling structure, as more
particularly shown on the copy of the survey submitted with this
application, having setbacks of: (a) 75 feet from the existing
bulkhead, (b) 35 feet from the westerly property line, Lc)
44+- feet from the easterly property line.
3. By this application, appellants request a variance from
Article III-A, Section 100-30A.4 of the Zoning Code for
permission to locate 24' x 30' accessory building with a setback
of approximately three feet from the easterly property line, as
sketched on the copy of survey submitted for consideration. The
subject building is proposed for those accessory uses
specifically permitted in the zoning code for this R-40 Zone
District and at a height not to exceed 18 feet (per code).
4. Article III, Section 100-33 of the Zoning Code allows
accessory buildings to be located in the required rear yard
area, but does not provide for accessory buildings to be located
in any other yard area. The required rear yard area for this
parcel is that land area between the house and the bulkhead.
5. In considering this application, the Board finds and
determines:
(a) that the circumstances of this application are
uniquely related to the premises and its established
nonconformities;
(b) that there is no other alternative for appellants
to pursue; placing the structure in any other location on the
premises will also require variances;
(c) that the area chosen for the accessory structure
is close to the present blacktop parking and driveway areas and
is not unreasonable;
(d) that the variance will not in turn cause a
substantial effect on the safety, health, welfare, comfort,
convenience and/or order of the Town;
(e) that precedents have been established in area
waterfront communities for the same or similar placement of
accessory buildings in a yard area different than the seaward
areas of the dwellings;
Southold Town Board of Appeals-61- June 29, 1989 Regular Meeting
(Appl. No. 386~ - STETLER decision, continued:)
(f) that in carefully considering the record and all
the above factors, the interests of justice will be served by
granting the variance, as applied and conditionally noted below.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT a Variance in the Matter of the
Application of HAROLD AND HATTIE STETLER as applied under
Appeal No. 3862 for the placement of a 24' by 30' accessory
building in an area other than the required rear yard, SUBJECT
TO THE FOLLOWING CONDITIONS:
1. That the accessory building be located not closer than
five feet to the easterly property line at its closest point;
2. That the accessory building not exceed the height
provisions (per Code at 18 feet);
3. That no business enterprise be established within the
building;
4. Ail other provisions of the Code as pertain to
accessory uses and accessory buildings for this Zone District.
Vote of the Board: Messrs.
Ayes:
Goehringer,
Grigonis,
oyen, Sawicki and Dinizio. This resolution was duly adopted.
-62-
ACTION OF THE BOARD OF APPEALS
Appl. NO. 3808:
Matter of the Application of GUNTER MORCHEL for Variances
to the Zoning Ordinance, Article X, Section 100-102 for
permission to construct addition with an insufficient rear yard /
setback and lot coverage in excess of maximum limit of 30% (as
disapproved), Article XXIV, Section 100-244B, and Article XXIV,
Section 100-242(A) concerning extension of nonconforming side
and front yard setbacks. Lot area is nonconforming at
approximately 9961 sq. ft. in this General Business (B) Zone
District. Property Location: Corner of the South Side of the
Main Road and the East Side of Sigsbee Road, Mattituck, NY;
County Tax Map District 1000, Section 143, Block 2, Lot 1 (or 1
and 30).
At a Meeting of the Zoning Board of Appeals held on
June 29, 1989, the following action was taken:
WHEREAS, at a public hearing held on June 29, 1989,
opportunities were given for individuals and/or their agents to
be heard, and no appearances either in behalf of or against the
application were personally made; 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 situated at the intersection
of the southerly side of the Main Road (State Route 25) and the
easterly side of Sigsbee Road, generally located in the Business
District, Hamlet of Mattituck, Town of Southold.
Southold Town Board of Appeals-63- June 29, 1989 Regular Meeting
(Appl. No. 3808 - MORCHEL decision, continued:)
2. The property in question:
(a) contains a total nonconforming lot area of
approximately 9,961 square feet, nonconforming lot width
{frontage} along the southerly side of the Main Road of 48.52
feet, conforming lot frontage along the easterly side of Sigsbee
Road of of 163.50 feet, {when including that section of the Old
Main Road which although abandoned by the Town may or may not
have been conveyed to the applicant/owner; See Survey dated
June 23, 1983 prepared by Roderick VanTu¥1, P.C., and Survey
dated September 27, 1972 prepared by Otto W. VanTuyl, L.S.};
(b) is identified on the Suffolk County Tax Maps as
District 1000, Section 143, Block 2, 1 (possibly 1 and 30);
(c) is improved with a partial two-story and partial
one-story building situated with setbacks from the northerly
property line at 29+- feet, from the westerly property line at
19-11/2+- feet, easterly property line at 10+- inches, and
southerly property line at 36+- feet, all as shown on the Survey
map prepared June 23, 1983 by Roderick VanTuyl, P.C. for the
property owner;
(d) is bounded on the easterly side by the Mattituck
Bowling Lanes, along the westerly side of Sigsbee Road by
Dickerson's Marine Sales, along the northerly side of the Main
Road by Magic Fountain (sales), and along the southerly side by
a single-family dwelling, all located in the "B" General
Business Zone District.
3. For the record, it is also noted that set-back
variances were granted under Appeal No. 1163 on March 7, 1968
and No. 1142 on October 11, 1967 allowing frontyard reductions
to 25 feet from the Main Road and to 19 feet from Sigsbee Road.
4. By this application, the property owner requests
permission to construct a 16 ft. extension at the southerly end
of the existing structure which would extend the present
nonconforming easterly 10-inch side yard setback and extend the
nonconforming frontyard setback at 19-1/2 feet, as well as
reduce the southerly rear yard setback from 36 feet as exists to
20 feet.
5. In considering this application, the Board also finds
and determines:
(a) that it is the burden of the landowner to prove that
the area restrictions as applied to his land imposes
Southold Town Board of Appeals-64- June 29, 1989 Regular Meeting
(Appl. No. 3808 - MORCHEL decision, continued:)
"significant economic injury," and no testimony has been
submitted by the landowner to substantiate the same;
(b) that the relief requested is substantial in relation
to the requirements, being variances of 42 percent, and more, in
relation to the setbacks as proposed, and for total lot coverage
of 42+- percent {instead of the maximum-permitted by the
requirement at 30 percent};
(c) that the relief requested is not the minimal necessary
and therefore an alternative method may be available for
appellant to pursue other than the requested variances;
(d) that there is more than one occupancy of the building
in question and together with the nonconformities of the land
area, width and depth, will by a grant of this variance be
adversely affecting the safety, health, welfare, comfort,
convenience and/or order of the town;
(e) that proof of ownership by the applicant concerning
the northerly portion of the premises, formerly a part of the
Old Main Road, has not been furnished in the record;
(f) that the interests of justice will be served by
denying the relief, as applied.
Accordingly, on motion by Mr. Dinizio, seconded by
Mr. Grigonis, it was
RESOLVED, to DENY the relief, as applied, in the Matter of
Appeal No. 3808 in the Application of GUNTER MORCHEL for a
16-ft. by 26-ft. addition for accessory storage incidental to
the existing legal principal uses of the land.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Grigonis, Sawicki and Dinizio. This resolution was duly adopted.
Southold Town Board of Appeals-65- June 29, 1989 Regular Meeting
UPDATES: CODE-COMMITTEE AND SUB-CODE COMMITTEE MEETINGS
Chairman Goehringer and Member Dinizio provided the Board with
updates held the last week of June 1989 at the Code and Sub-Code
committee Meetings. It was noted that the Pugliese matter was
recommended at the Code Committee members for a Change of Zone
by the Town Board. The next Code Committee meeting is scheduled
for July 20, 1989, and Chairman Ruth Oliva will provide the
agenda at a later date.
UPDATE: PORT OF EGYPT Variance application (pending). The
Board Members discussed the results of their recent inspections
of the property. Additional information is expected to be
furnished by Mr. Merlon Wiggin, President, Peconic Associates,
for the Port of Egypt within the next 10 days. This matter was
tentatively placed on the Board's next Hearing Calendar.
TOWN CAR KEYS: The Board Members asked whether an extra
set of keys were available to a town vehicle for use by the
Board of Appeals for inspections. Supervisor Murphy told the
Z.B.A. Office he has authorized the keys and was surprised that
we had not as yet received them. (It has been at least six
months.)
REQUEST FOR WITHDRAWAL: Appeal No. 3813 SHELDON HILLS.
The Board briefly discussed the recent letter from Thomas V.
Pantelis, Esq. of the Law Firm of "D-Amato, Forchelli, Libert,
Schwartz, Mineo and Carlino" requesting that the subject
application be withdrawn.
On motion by Mr. Goehringer, seconded by Mr. Sawicki,
it was
RESOLVED, to GRANT the request TO WITHDRAW the application
for a side yard variance filed under Appeal No. 3813.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Grigonis, Sawicki and Dinizio. This resolution was duly adopted.
(No refund was recommended at this time since hearings have been
advertised and held, and postponements were later requested by
the applicant.)
Southold Town Board of Appeals -66- June 29, 1989 Regular
Meeting
At this point in time, the Chairman declared the meeting
adjourned.
Respectfully submitted,
Linda F. Kowalski, Secretary
~ -7- Southold Town Board of Appeals