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HomeMy WebLinkAboutZBA-11/08/1989APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio~ Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax {516) 765-1823 Telephone (516) 765-1800 MINUTES REGULAR MEETING WEDNESDAY, NOVEMBER 8, 1989 A Regular Meeting was held by the Southold Town Board of Appeals on Wednesday, Nov. 8. ]989 commencing at 7:30 o'clock p.m. at the Southo±u Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Members Serge Doyen, Jr. and James Dinizio, Jr. Board Members absent were: Charles Grig0nis,Jr.&J0seph H.SawickiAlso present were Doreen Ferwerda, the Board's Secretary and Court Stenographer (per contractual agreement with the Town for stenographic services). The Board proceeded with the all the public hearings (as advertised in the Legal Notice). During each of the hearings, testimony was given and the hearing was immediately concluded thereafter (except as noted in the attached Transcripts of Hearings). The transcripts of all the hearings listed on the attached agenda have been prepared by a court stenographer, and copies of the board decisions as filed with the Town Clerk's Office and S.E.Q.R.A. declarations are attached to this cover page together with the transcripts as the record of the board's actions for future reference. (No other minutes for this regular meeting have been prepared.) APPEALS 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 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 kGENDA REGULAR MEETING WEDNESDAY, NOVEMBER 8, 1989 7:30 Meeting to Order. Public Hearings, I. DELIBERATIONS/DECISIONS A. Appl. No. 3867 - RICHARD AND PATRICIA SNOW - Variance to the Zoning Ordinance, for permission to construct a fence, exceeds permitted 4 feet, Article XZIII, Section 100-231A, Property Location: 1585 Long Creek Drive, Southold, County Tax Map No. 1000, Section 55, Block 07, Lot 03. B. / Appl. No. 3885 - FRED AND CAROL HIDDINK - Variance to the Zoning Ordinance, for permission to construct an accessory inground pool, proposed construction will exceed permitted lot coverage in this R-40 Zone District, Article III A, Section 100-30 A.3,. Property Location: .614 Bailey Avenue, Greenport, County Tax Map No. 1000, Section 34, Block 04, Lot 05. C. No. 3877 - HERBERT MACOMBER. Variance to the Zoning -Ordinance, for permission to construct a deck with ramp, proposed construction will have insufficient side yard setbacks, Article XXIV, Section 100-244 B,. Property Location: 250 Anglers, Road, Greenport, County Tax Map No. 1000, Section 36, Block 2, Lot 1. Page 2 - Agenda Southold Town Board of Appeals November 8, 1989 Regular Meeting D. Appl. No. 3880 - FRED AND DIANE STEI{N. Variance to the Zoning Ordinance, for permission to construct a deck addition to existing dwelling, proposed construction will have insufficient rear yard setbacks, Article XXIV, Section 100-244,. Property Location: 2110 Sigsbee Road, Mattituck, County Tax Map No. 1000, Section 144, Block 1, Lot 17. E. Appl. No. 3871 - RICHARD AND JOAN GIBBS. Variance to the Zoning Ordinance, for permission to construct an accessory building in front yard area, Article III A, Section 100-30 A.4, (Article III, Section 100-33) Property Location: 2140 Deep Hole Drive, Mattituck, County Tax Map No. 1000, Section 123, Block 4, Lot 4.' F. Appl. No. 3869 - WARREN AND SUSAN CANNON. Variance to the Zoning Ordinance, for approval to construct poolhouse, pool and accessory garage in front yard area in this R-80 Zone District, Article III, Section 100-32. Property Location: 4625 Aldrich Lane, Ext, Mattituck, County Tax Map No. 1000, Section 112, Block 01, Lot 14. G. Appl. No. 3876 - JOHN P. DEWAR. Variance to the Zoning Ordinance, for approval to construct an attached deck, proposed construction will have insufficient front yard setbacks in this R-40 Zone District, Article XXIV, Section 100-244, Property Location: 4420 Oaklawn Avenue, Southold, County Tax Map No. 1000, Section 70, Block 9, Section 46. H. 'Appl. No. 3878 - ROBERT POTDEVIN. Variance to the zoning Ordinance, for permission to construct an addition to existing one family dwelling, proposed construction will have 'insufficient side yard setbacks and is within 75 ft from the bulkhead, Article III A, Section 100-30 A.3, (Article XXIII, Section 100-239d (B). Property Location: 4250 Peconic Bay Boulevard, Laurel, County Tax Map No. 1000, Section 128, Block 4, Lot 23. Page 3 - Agenda Southold Town Board of Appeals November 8, 1989 Regular Meeting I. Appl. No. 3883 ~ BEST AND SYVERSON. Variance to the Zoning ordinance, for permission to construct alterations, additions and conversion to year round use to existing dwelling, proposed construction will have non-conforming uses in this R-40 Zone District, Article XXIV, Section 100-241 A,. Property Location: 420 Private Road #17 off of Camp Mineola Road, Mattituck, County Tax Map No. 1000, Section 123, Block 6, Lot 17. J. Appl. No. 3872 - COMPASS TRANSPORTS (Markakis). Variance to the Zoning Ordinance, for approval of site plan before any certificate of Occupancy or building permits can be issued in this Hamlet Business Zoning District (HB), Article XXV, Section 100-250,. Property Location: 175 Boisseau Avenue, Southold, County Tax Map No. 1000, Section 062, Block 01,Lot 16. II. REOPENING HEARING of September 21, 1989, Appl. No. 3770 - Port of Egypt. III. RESOLUTION DETERMINING N.Y.S. Environmental Quality Review Act status on the following: Type II Actions (no further SEQRA action required): (a) Appl. No. 3867 - Richard and Patricia Snow (b) Appl. No. 3885 - Fred and Carol Hiddink (c) Appl. No. 3877 - Herbert Macomber (d) Appl. No. 3880 - Fred and Diane Stern (e) Appl. No. 3871 - Richard and Joan Gibbs (f) Appl. No. 3869 - Warren and Susan Cannon (g) Appl. No. 3876 - John P. Dewar (h) Appl. No. 3887 - Robert Potdevin (i) Appl. No. 3883 - Best and Syverson (j) Appl. No. 3872 - Compass Transports (Markakis) IV. DELIBERATIONS/DECISIONS VI. RESOLUTION approving Minutes of the following Meeting: Minutes of November 2, 1989 A. Waiver of Notice of Meeting COMMUNICATIONS - Mr. Walter Scott, inquiring about Zoning Code requirements for smoking fish in his home. Page 4 - Agenda Southold Town Board of Appeals November 8, 1989 Regular Meeting VII. MISCELLANEOUS: Special Meeting: November 2, 1989, at 7:30 p.m. Attended: Gerard P. Goehringer, Charles Grigonis, James Dinizio, Doreen Ferwerda, (absent: Joseph Sawicki, Serge Doyen, Fisher Island) Actions taken at Special Meeting: Cliffside (Tide Mark), Appeal No. 3542, has been approved conditionally, On motion by Mr. Dinizio, seconded by Mr. Grigonis. Actions taken at Special Meeting~ RESOLVED, to schedule and advertise the following matters for a Regular Meeting on November 8, 1989. On motion by Mr. Grigonis, seconded by Mr. Dinizio. IX. APPLICATION REVIEWS: A. Matters ready for Next Hearings Calendar: 1. Appl. No. 3870 2. Appl. No. 3868 3. Appl. No. 3881 4. Appl. No. 3886 5. Appl. No. 3887 6. Appl. No. 3888 7. Appl. No. 3889 8. Appl. No. 3884 9. Appl. No. 3882 10. Appl. No. 3873 11. Appl. No. 3879 - Matthew Cusumano - Nicholas Nicholaus - Warren Augenthaler - Robert Staples - Mark and Ellie Gordon - Ernest Tarmin - George and Timothy Wells - Dickerson/Thompson - Bidwell Wineries - Vinko Naletilic - Charles Malone X. UPDATES: 1. From the Planning Board~ Dated October 18, 1989, regarding Cliffside (Tide Mark) Appl. No. 3542, a copy of the adopted findings of the Final Environmental Impact Statement dated February 1989. A. CODE COMMITTEE: Updates for the Board for this week's special meetings. NEXT CODE COMMITTEE MEETING DATE: November 29t 1989, at 7:30, in the Conference Room. B. Possible Regular Meeting Thursday, November 30, 1989 (Meeting Hall Reservation approved) APPEALS 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 TELEPHONE (516} 765-1809 FAX NO. (516) 765-1823 ACTION OF THE BOARD OF APPEALS Appl. No~ 3867 Matter of RICHARD AND PATRICIA SNOW - Variance to the Zoning Ordinance, Article XXIII, Section 231A, for permission to construct a fence~ exceeds permitted 4 feet. Property Location: 1585 Long Creek Drive, Southold, County Tax Map No. 1000, Section 55, Block 07, Lot 03. WHEREAS, a public hearing was held and concluded on November 8, 1989 in the matter of RICHARD AND PATRICIA SNOW, under Application 3867; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; 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 north side of Long Creek Drive, Town of Southold, Suffolk County Tax Maps as District 1000, Section 55, Bloc 07, Lot 03. 2. This is an application for Variances from the Zoning Code Article XXIII, Section 100-231A, for permission to construct a fence, proposed fence will exceed permitted 4 feet. Page 2 - Applo. No. 3867 Matter of RICHARD AND PATRICIA SNOW Decision rendered November 8, 1989 3. Article XXIII, Section 100-231A, Fences, walls, hedges, or other live plantings within five (5) feet of the property lines may be erected and maintained, subject to the following limitations: A. When located in the front yard along the front lot line, the same shall not exceed four (4) feet in height. 4. 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 fence in any other location on the premises will require other variance relief; (c) that the area chosen for the fence 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 in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied. Accordingly on motion by Mr. Dinizio, Seconded by Mr. Doyen, it was RESOLVED, to GRANT a Variance in the matter of the application of RICHARD AND PATRICIA SNOW as applied under Appeal No. 3867 for the placement of a fence 6 feet in height. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio, (Absent Joseph Sawicki). This resolution was duly adopted df ERARD P. GOEHR~[NGER/HAIRMAN APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .JR. SERGE DOYEN. JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.l., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 ~CTION OF T~E BOARD OF APPEALS Appl. NO. 3885 Matter of FRED AND CAROL HIDDINK. Variance to the Zoning Ordinance, for permission to construct an accessory inground pool, proposed construction will exceed permitted lot coverage in this R-40 Zone District, Article III A, Section 100-30 A.3. Property Location: 614 Bailey Avenue, Greenport, County Tax Map No. 1000, Section 34, Block 04, Lot 05. WHEREAS, a public hearing was held and concluded on November 8, 1989 in the matter of the Application of FRED AND CAROL HIDDINK, under appeal 3885; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the west side of Bailey Avenue, Town of Greenport, and is identified on the Suffolk County Tax Maps as District 1000, Section 34, Block 04, Lot 05. 2. This is an application for Variances from the Zoning Code Article III A, Section 100-30 A.3, for permission to construct an accessory inground pool, proposed construc~ on will exceed permitted lot coverage. Page 2 - Appl. No. 3885 Matter of FRED AND CAROL HIDDINK Decision rendered November 8, 1989 3. Article III A, Section 100-30 A.3, no building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein full. 4. The subject premises for the proposed pool is known and referred to as being 16' x 36' in width and length, 3 ft. from the north property line and 20 ft. from the east property line. 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 proposed pool in any other location on the premises will require other variance relief; (c) that the area chosen for pool 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 in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Doyen, it was Page 3 Appl. No. 3885 Matter of FRED AND CAROL HIDDINK Decision rendered November 8, 1989 RESOLVED, to GRANT a Variance in the matter of the application of FRED AND CAROL HIDDINK as applied under Appeal No. 3885 for the placement of a 16' x 36' pool, SUBJECT TO THE FOLLOWING CONDITIONS: ~ 1. That the existing house, garage, and pool not exceed the twenty-five percent+- (25%) lot coverage. Vote of the Board: Ayes: Messrs. Goerhinger, Doyen, and Dinizio, (absent Joseph Sawicki and Charles Grigonis). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN S th ldTo B d lApp is MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-180g FAX NO. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. .%CTION OF THE BOARD OF APPEALS Appl. No. 3877 Matter of HERBERT MACOMBER - Variance to the zoning Ordinance, Article XXIV, Section 100-244 B, for permission to construct a deck with ramp, proposed construction will have insufficient side yard setbacks, property Location: 250 Anglers Road, Greenport, County Tax Map No. 1000, Section 36, Block 2, Lot 1. WHEREAS, a public hearing was held and concluded on November 8, 1989 in the matter of the Application of HERBERT MACOMBER, under Appeal No. 3877; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; 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 east side of Manhasset Avenue, Hamlet of Greenport, and is identified on the Suffolk County Tax Maps as District 1000, Section 36, Block 2, Lot 2. This is an application'for Variances from the Zoning Code Article XXIV, Section 100-244 B, for permission to construct a deck with ramp, proposed construction will have insufficient side yard setbacks. L Page 2 - Appl. No. 3877 Matter of HERBERT MACOMBER Decision rendered November 8, 1989 3. Article XXIV, Section 100-244 B, A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this Article and not adjoining any lot or land in the same ownership at any time subsequent to such date may be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is submitted in the form of an abstract of title showing the changes of title to said lot, which abstract shall be in the usual form, shall be certified by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly licensed to examine and ensure title to real property in Suffolk County and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously applicable Zoning Law. Such lot shall be granted relief for front side and rear yard dimensions as follows: 4. 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 preposed ramp in any other location on the premises will require other variance relief; (c) that the area chosen for the ramp 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 in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied. Accordingly on motion by Mr. Dinizio, Seconded by Mr. Doyen, it was ?aTe 3 - Appl. No. 3877 Matter of HERBERT MACOMBER Decision rendered November 8, 1989 RESOLVED, to GRANT a variance in the matter of the application of HERBERT MACOMBER as applied under Appeal No. for placement of a deck and ramp. 3877 Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio (Absent Joseph Sawicki)o This resolution was duly adopted. ~ df P. GOEHRIMGER, CHAIRMAN APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEF~ONE (516) 765-1809 FAX No. (516) 765-1823 ACTION OF THE BOARD OF APPEALS Appl. No. 3880 Matter of FRED AND DIANE STERN. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, for permission to construct a deck addition to existing dwelling, proposed construction will have insufficient rear yard setbacks. Property Location: 2110 Sigsbee Road, Mattituck, County Tax Map No. 1000, Section 144, Block 1, Lot 17. WHEREAS a public hearing was held and concluded on November 8, 1989 in the matter of the Application of FRED AND DIANE STERN under Appeal No. 3880; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the west side of Sigsbee Road, Town of Mattituck, and is identified on the Suffolk County Tax Maps as District 1000, Section 144, Block 1, Lot 17. 2. This is an application for Variances from the Zoning Code Article XXIV, Section 100-244, for permission to construct a deck addition, proposed construction will have insufficient rear yard setback. Page 2 - Appl. No. 3880 Matter of FRED AND DIANE STF~N Decision rendered November 8, 1989 3. Article XXIV, Section 100-244, a nonconforming lot or land in the same ownership at the effective date of this Article and not adjoining any lot or land in the same ownership at any time subsequent to such date may be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is submitted in the form of an abstract of title showing the changes of title to said lot, which abstract shall be in the usual form, shall be certified by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly licensed to examine and ensure title to real property in Suffolk County and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously applicable zoning Law. Such lot shall be granted relief for front side and rear yard dimensions as follows. 4. The subject premises from the proposed deck is known and referred to as being 29 feet from the west property line, and the deck will be 18 X 22 feet. 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 proposed deck in any other location on the premises will require other variance relief; (c) located; that the ar~ chosen for the deck is not unreasonably (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 in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Goehringer, Seconded by Mr. Doyen, it was Page 3 - Appl. No. 3880 Matter of FRED AND DIANE STERN Decision rendered on November 8, 1989 RESOLVED, to GRANT a Variance in the matter of the application of FRED AND DIANE STERN as applied under Appeal NO. 3880 for placement of a 18' x 22' deck, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck remain unroofed. 2. That it not be any closer than 29'+- from the west property line. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio. (Absent Joseph Sawicki). This resolution was duly adopted. df Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOERRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZlO, JR. ACTION OF .THE BOARD OF APPEALS Appeal No. 3871 Matter of RICHARD AND JOAN GIBBS. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.4., (Article III, Section 100-33) as disapproved, for permission to construct an accessory building in front yard area. Property Location: 2140 Deep Hole Drive, Mattituck, county Tax Map No. 1000, Section 123, Block 4, Lot 4. WHEREAS, a public hearing was held and concluded on November 8, 1989 in the matter of the Application of RICHARD AND JOAN GIBBS under Appeal No. 3871; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; 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 of Deep Hole Drive, Town of Mattituck, and is identified on the Suffolk County Tax Maps as District 1000, Section 15, Block 1. Lot 3. 2. This is an application for Variances from the Zoning Code Article III A, Section 100-30 A.4, (Article III, Section 100-33), for permission to c~nstruct an accessory shed in front yard area. Page 2 - Appl. No. 3871 Matter of RICHARD AND JOAN GIBBS Decision rendered November 8, 1989 3. Article III A, Section 100-30 A.4, Accessory buildings shall be subject to the same requirements as 100-33 of the Agricultural-Conservation District. Article III, Section 100-33, In the Agricultural-Conservation District and Low Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses may be located in the required rear yard, subject to the following requirements: 4. In considering this application, the Board finds and determines: (a) that the circumstances of this uniquely related to the premises and its nonconformities; application are established (b) that there is no other method for appellants to pursue; and placing the proposed accessory shed in any other location on the premises will require other variance relief; (c) that the area chosen for the accessory shed 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 in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Goehringer, Seconded by Mr. Dinizio, it was Page 3 - Appl. No. 3871 Matter of RICHARD AND JOAN GIBBS. Decision Rendered on November 8, 1989 RESOLVED, to GRANT a Variance in the matter of the application of RICHARD AND JOAN GIBBS as applied under Appeal No. 3871 for placement of a 16' by 20' Accessory Shed, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the Storage Shed not be any closer than 42 feet from Deep Hole Drive. 2. That the Storage Shed not be any closer than 25 feet from the east property line. 3. That the Storage Shed not exceed 16' by 20' in size and only be used for storage purposes. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio, (Absent Joseph Sawicki). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN Southold Town Board of Appeals MAIN ROAD ' STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516} 765-1809 FAX NO. (516} 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$. JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3869 Matter of WARREN AND SUSAN CANNON. Variance to the Zoning Ordinance, Article III, Section 100-33 C, for permission to construct poolhouse, pool and accessory garage in front yard area in this R-80 Zone District. Property Location: 4625 Aldrich Lane, Ext, Mattituck, County Tax Map No. 1000, Section 112, Block 01, Lot 14. WHEREAS, a public hearing was held and concluded on November 8, 1989 in the matter of the application of WARREN AND SUSAN CANNON, under Appeal No. 3869; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; 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 north said of Aldrich Ext, Hamlet of Mattituck, and is identified on the Suffolk County Tax Maps as District 1000, Section 112, Block 0], Lot 14. 2. This is an application for Variances from the Zoning Code Article III, Section 100-33 C, for permission to construct poolhouse, pool and accessory garage in front yard area. Page 2 - Appl. No. 2869 Matter of WARREN AND SUSAN CANNON Decision rendered November 8, 1989 3. Article III, Section 100-33 C, In the Agricultural- Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses may be located in the required rear yard, subject to the following requirements: C. All such buildings in the aggregate shall occupy not more than forty percent (40%) of the area of required rear yard. 4. The subject premises for the proposed pool is 20' from the west property line and referred to as being 20' by 40' in width and length, the proposed garage will be approximately 4' from the east property line and will be 24' by 45', the proposed cabana will be 8' from the west property line and will be 10' by 12' by 15' by 8' 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 proposed pool, poolhouse and accessory garage in any other location on the premises will require other variance relief; (c) that the area chosen for the pool, poolhouse, and accessory garage are 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 in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Dinizio, Seconded by Mr. Doyen, it was Page 3 - Appl. No. 3869 Matter of WARREN AND SUSAN CANNON Decision rendered November 8, 1989 RESOLVED, to GRANT a Variance in the matter of the application of WARREN AND SUSAN CANNON as applied under Appeal No. 3869 for placement of a pool, poolhouse and accessory garage, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory garage be used only for storage purposes. 2. That the poolhouse be placed on location of the survey Dated: September 22, 1988, revised July 13, 1987 and be used for limited storage (of pool supplies), not to be used for habitable use o£ sleeping quarters. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio, (Absent Joseph Sawicki). This resolution was duly adopted. df GOEHRINGER ,/CHAIRMAN / Southold Town Board of Appeals (Environmental Declarations, Continued:) Nov. 8, 1989 Regular Meeting TYPE II ACTION DECLARATION Appeal No. 3869 Project/Applicants: County Tax Map No. Location of Project: WARREN AND SUSAN CANNON 1000-112-1-14 4625 Aldrich Lane Extension, Mattituck Relief Requested/Jurisdiction Before This Board in this Project: Construct poolh, ouse, pool and accessory garage in front yard area. 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 $outhold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tr Southold Town Board of Appeals (Environmental Declarations, Continued:) NOV · 8 , 1989 Regular Meeting S.E.O..R.A. TYPE II ACTION DECLARATION Appeal No. 3871 Project/Applicants: County Tax Map No. Location of Project: RICHARD AND JOAN GIBBS 1000423-4-4 2140 Deep Hole Drive, Mattituck Relief Requested/Jurisdiction Before This Board in this Project: Accessory build.ing in front yard. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.$. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further Board of Appeals, (516) 765-1809. information, please contact the Office of the Town Hall, Main Road, Southold, NY 11971 at tm Southold Town Board of Appeals Nov. 8 , 1989 Regular Meeting (Environmental Declarations, Continued:) S.E.Q.R.X. TYPE II ACTION DECLARATION Appeal No. 3880 Project/Applicants: County Tax Map No. Location of Project: FRED AND DIANE STERN 1000-144-1-17 2110 Sigsbee Road, Mattituck Relief Requested/Jurisdiction Before This Board in this Project: Construct deck'addition to existing dwelling insufficient rear yard setbacks. 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. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not,.however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tm ,Southold Town Board of Appeals Nov. 8 , 1989 Regular Meeting (Environmental Declarations, Continued:) TYPE II ACTION DECLARATION Appeal No. 3877 Project/Applicants: County Tax Map No. Location of Project: Herbert Macomber 1000-36-2-1 250 Anglers Road, Greenport Relief Requested/Jurisdiction Before This Board in this Project: Construct deck with ramp insufficient side yard setbacks. 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. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not., however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tm Southold Town Board of Appeals Nov. 8 , 1989 Regular Meeting (Environmental Declarations, Continued:) S.E.O,.R.A. TYPE II ACTION DECLARATION Appeal No. 3885 Project/Applicants: County Tax Map No. Location of Project: FRED AND CAROL HIDDINK 1000-34-4-5 614 Bailey Avenue, Greenport Relief Requested/Jurisdiction Before This Board in this Project: Construct adcessory inground pool excessive lot coverage. 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. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Southold Town Board of Appeals Nov. 8 , 1989 Regular Meeting (Environmental Declarations, Continued:) S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 3867 Project/Applicants: County Tax Map No. Location of Project: RICHARD AND PATRICIA SNOW 1000- 55-7-3 1585 Long Creek Drive, Southold Relief Requested/Jurisdiction Before This Board in this Project: Construct fen.ce excessive permitted four feet. 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. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tm f App Southolcl Town Board o eals MAIN ROAD' STATI~ ROAD 25 SOUTHOLD, L.I., N.Y. 119Vl TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE OOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. November S.E.9.R.A. TYPE II ACTION DECLARATION 8, ]989 Appeal No. 3872 Project/Applicants: COMPASS TRANSPORTS (Markakis) County Tax Map No. 1000-62-1-16 Location of Project: 175 B0isseau AVenue, S0uth0]d Relief Requested/Jurisdiction Before This Board in this Project: Approval of site plan before issuance of Certificate of Occupancy. 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. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall no~, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further Board of Appeals, (516) 765-1809. information, please contact the Office of the Town Hall, Main Road, Southold, NY 11971 at ~Southold Town Board of Appeals Nov. 8 , 1989 Regular Meetinq (Environmental Declarations, Continued:) TYPE II ACTION DECLARATION Appeal No. 3867 Project/Applicants: County Tax Map No. Location of Project: JOHN P. DEWAR lO00- 70-9-46 4420 Oaklawn Avenue, Southold Relief Requested/Jurisdiction Before This Board in this Project: Construct attached deck insufficient front yard setback. This Notic~ 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. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not,. however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at [516) 765-1809. tr Southold Town Board of Appeals Nov. 8 , 1989 Regular Meeting (Environmental Declarations, Continued:) S.E.O..R.X. TYPE II ACTION DECLARATION Appeal No. 3883 Project/Applicants: County Tax Map No. Location of Project: BEST AND SYVERSON 1000- 123-6-17 420 Private Road #17 off Mineola Road, Mattituck Relief Requested/Jurisdiction Before This Board in this Project: Construct alterations, additions and conversion to year round use to existing dwelling having non-conforming uses. 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. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Southold Town Board of Appeals Nov. 8 , 1989 Regular Meetinq (Environmental Declarations, Continued: S.E.O..R.X. TYPE II ACTION DECLARATION Appeal No. 3878 Project/Applicants: County Tax Map No. Location of Project: ROBERT POTDEVIN 1000-128-4-23 4250 Peconic Bay 8oulvard, Laurel Relief Requested/Jurisdiction Before This Board in this Project: Construct addition to dwelling insufficient side yard setbacks and 75 feet from bulkhead. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southoldo An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tr Southold Town Board of Appeals Regular Meeting: November -33 - 8, 1989 There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. Doreen Ferwerda Board Secretary RECEIVED AND FILED BY THE SOUTHOLD TOWN CL~il( Town Clerk, Town o~ Southold