HomeMy WebLinkAboutZBA-11/18/1982Southold Town Board o£Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11g71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS. JR
SERGE DOYEN, JR
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
MINUTES
REGULAR MEETING
NOVEMBER 18, 1982
A Regular Meeting of the Southold Town Board of Appeals was held
on Thursday, November 18, 1982 at 7:30 o'clock p.m. at the Southold
Town Hall, Conference Room, Main Road, Southold, New York.
Present were: Gerard P. Goehringer, Chairman; Serge Doyen;
Robert J. Douglass and Joseph H. Sawicki. Absent was Charles
Grigonis, Jr. Also present were: Mr. Victor Lessard, Exec. Adminis-
trator (Building Department); Mrs. Shirley Bachrach, League of Women
Voters; Mrs. Lydia Tortora for L.I. Traveler-Watchman; Mr. Henry
Lytle, Seniors Club of Southold-Peconic.
The Chairman opened the meeting at 7:30 o'clock p.m.
On motion by Mr. Douglass, seconded by Mr. Sawicki, it was
RESOLVED, that the date for the next Regular Meeting of this
board is hereby set for Thursday, .December 16, 1982 to be held at
the Southold Town Hall, Main Road, Southold, New York.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
PUBLIC HEARING: Appeal No. 3027. Application of AGNES D.
McGUNNIGLE, 52A North Road, Southold, NY for a Variance to the Zoning
Ordinance, Article III, Section 100-30A(1) for permission to create
additional living unit within one-family residence located in an "A"
Zone and more particularly identified as 57185 C.R. 48, Greenport,
NY; County Tax Map Parcel No. 1000-44-2-2.
The Chairman opened the hearing at 7:35 p.m. and read the legal
notice of hearing in its entirety and appeal application.
MR. CHAIRMAN: I have a sketch of a survey of which I don't see
a date -- it looks like December 8, 1965, indicating the house...
Southold Town Board of Appeals -2-
Novembe~ 18, 1982 Regular Meeting
(Appeal No. 3027 - Agnes D. McGunnigle, continued:)
MR. CHAIRMAN continued:
penciled in is the addition with a variation of 15 feet by 26 feet.
I have a copy of plans of said addition, and I have a copy of the
Suffolk County Tax Map indicating this property and the surrounding
properties in the area. Sir, would you like to be heard in behalf of
this?
PETER COSTIGAN: Yes, Mr. Chairman. My name is Peter Costigan.
I represent Mrs. McGunnigle in this proceeding. You might note that
when the application was first submitted to the board, it was referred
to the Department of Environmental Conservation and they have signed
off on the matter since the topography is in excess of 10' in eleva-
tion, so there's no concern from that point of view.
The application by Mrs. McGunnigle was made after she has resided
on these premises for more than 10 years. You see the house...her
daughter was recently widowed and it's really a problem of not provid-
ing two living units for separate family members but actually to
accommodate a family within the house, particularly with the conditions
that Mrs. McGunnigle has set forth for you.
Mrs. McGunnigle is a life tenant in the house and her daughter is
the remainder and so they will be living together because of the circum-
stances of her daughter's widowhood and the fact that there are three
children to be accommodated in the house. Mrs. McGunnigle has been
widowed for more than 15 years. She's lived alone during that period
and would like to retain some privacy and independence within the
household, and you can only do that with a separate kitchen. And for
that reason, the application was fully and fairly presented to the
board showing that there would be separate living accommodations in this
addition, which is about 600 square feet.
MR. CHAIRMAN: Thank you. Is there anybody else that would like
to be heard in behalf of this application? Would you like to be he~rd,
Mrs. McGunnigle?
MRS. McGUNNIGLE: No. I think it's pretty well said.
MR. CHAIRM~N: Anybody else to be heard? Anybody to speak against
the application? Any questions from any board members? (None) I'll
make a motion hearing no further questions, closing the hearing and
reserving decision until later.
On motion by Mr. Goehringer, seconded by Mr. Douglass, it was
RESOLVED, to close the hearing and reserve decision in the matter
of Appeal No. 3027, application of AGNES D. McGUNNIGLE.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
Southold Town Board of Appeals
-3-
November 18, 1982
Regular Meeting
PUBLIC HEARING: Appeal No. 3050. Application for HOWARD HAMRE
and wife, by Robert W. Gillispie III as agent, North Road, Box 1112,
Southold, NY for a Variance for approval of access, New York Town
Law, Section 280-a over a private right-of-way known as "Paradise
Shores Road," Southold. Location of Parcel in Question: 950 Paradise
Shore Road, Southold; County Tax Map Parcel No. 1000-080-01-027.
The Chairman opened the hearing at 7:41 p.m. and read the legal
notice of hearing in its entirety and appeal application.
MR. CHAIRMAN: I have a copy of a sketch produced on May 24, 1970
which shows the entire subdivision of Paradise Shores, and it indicates
the Hamre parcel on the specific map which indicates Lots 31 and 32.
I have a copy of the Suffolk County Tax Map indicating this property
and the surrounding properties in the area. Mr. Gillispie, would you
like to be heard on this?
ROBERT W. GILLISPIE, III: Well, I can't add too much, Mr. Chair-
man, to the application, but inasmuch as this is for a single family
residence for Mr. (), as a proposed purchaser, I don't see that this
application or granting this application will cause any undue hardship
in the area. And I ask the board's relief.
MR. CHAIRMAN: Thank you, sir. Is there anybody else that would
like to be heard in behalf of this application? Is there anybody that
would like to speak against the application? Any questions from any
board members? (None) All right, not hearing any questions, I'll
make a motion closing the hearing and reserving decision.
On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was
RESOLVED, to close the hearing and reserve decision in the matter
of Appeal No. 3050, application for HOWARD HAMRE and wife.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
PUBLIC HEARING: Appeal No. 3052. Application of J & M REUTER
CONSTRUCTION CORP., 9075 Main Bayview Road, Southold, NY for a
Variance to the Zoning Ordinance, Article III, Section 100-31 for
permission to construct new dwelling with insufficient front and rear
yard setbacks at 2585 Gillette Drive, East Marion, NY; County Tax
Map Parcel No. 1000-38-3-17.
The Chairman opened the hearing at 7:44 p.m. and read the legal
notice of hearing in its entirety and appeal application.
Southold Town Board of Appeals -4-
November 18, 1982 Regular Meeting
(Appeal No. 3052 - J & M REUTER CONSTRUCTION CORP.)
MR. CHAIRMAN: I have a copy of a survey produced on 3/22/77 indicating
this particular property. The nature of the application is a 35' setback
in the frontyard and 25' rearyard setback and the property is on
Gillette Drive. I also have a copy of the Suffolk County Tax Map
indicating this parcel and the surrounding properties. Is there somebody
that would like to be heard in behalf of this application?
(Mr. Jerome Reuter was present but had no comments.)
MR. CHAIRMAN: Is there anyone wishing to speak against the application?
Any questions from any board members? Hearing no comments, I'll make a
motion closing the hearing and reserving decision.
On motion by Mr. Goehringer, seconded by Mr.
RESOLVED, to close the hearinq and reserve decision in the matter
of Appeal No. 3052, application of J & M REUTER CONSTRUCTION CORP.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
PUBLIC HEARING: Appeal No. 3053. Application of J & M REUTER
CONSTRUCTION CORP., 9075 Main Bayview Road, Southold, NY for a
Variance to the Zoning Ordinance, Article III, Section 100-31 for
permission to construct new dwelling with insufficient front and
rear yard setbacks at 2585 Gillette Drive, East Marion, NY; County
Tax Map Parcel No. 1000-38-3-18.
The Chairman opened the hearing at 7:46 p.m. and read the legal
notice of hearing in its entirety and appeal application.
MR. CHAIRMAN: I have a copy of a survey of March 22, 1977 show-
ing the configuration of tis lot and indicating a 35' frontyard setback
and 25' rearyard setback at Gillette Drive. I have a copy of the
Suffolk County Tax Map indicating this parcel and the surrounding
parcels. Is there anyone wishing to be heard in behalf of the
application?
(Mr. Jerome Reuter was present but had no comments.)
MR. CHAIRMAN: Is there anyone wishing to speak against the
application? Any comments? Questions from any board members? (None).
Hearing no comments, I'll make a motion closing the hearing and reserv-
ing decision.
On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was
RESOLVED, to close the hearing and reserve decision in the matter
of Appeal No. 3053, application of J & M REUTER CONSTRUCTION CORP.
Southold Town Board of Appeals -5- November 18, 1982 Regular Meetin
(Appeal No. 3053 - J & M REUTER CONSTRUCTION CORP., continued:)
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
PUBLIC HEARING: Appeal No. 3048. Application of ALLEN OVSIANIK,
Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article
VII, Sections 100-70B(4) and 100-71 for permission to construct addition
to the existing gas/service station with reduction in frontyard area in
this B-1 Zoned District. Location of Property: Corner of S.R. 25 and
Eugene Road, Cutchogue, NY; County Tax Map Parcel No. 1000-097-02-015.
The Chairman opened the hearing at 7:50 p.m. and read the legal
notice of hearing in its entirety and appeal application.
MR. CHAIR~IAN: I have a copy of a sketch (revised 10/2/82) indicat-
ing a proposed frontyard setback for the addition of 15 feet, and I have
a copy of the Suffolk County Tax Map indicating this property and the
surrounding properties in the area. Would you like to be heard in behalf
of this, anybody? Nothing?
ALLEN OVSIANIK: I'm Allen Ovsianik.
MR. CHAIRMAN: Is there anything you would like to say, Allen?
MR. OVSIANIK: No.
MR. CHAIRMAN: Can I ask you a question? Are you going to use this
specifically as a service station, and it will be an addition to the
service station...what will it be, a shop area?
MR. OVSIANIK: Yes.
MR. CHAIRMAN: It'll be a shop area. Will it be of similar construc-
tion to what the building is now, wood construction, cement block, or
what?
MR. OVSIANIK: Cement block.
MR. CHAIR~N: Thank you. Is there anybody else that would like to
speak in behalf of the application? Anyone against the application?
Questions from any board members? (None) Hearing no cormments, I'll make
a motion closing the hearing and reserving decision.
On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was
RESOLVED, to close the hearinq and reserve decision in the matter
of Appeal No. 3048, application of ALLEN OVSIANIK.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
Southold Town Board of Appeals -6-
November 18, 1982 Regular Meeting
PUBLIC HEARING: Appeal No. 3049. Application of ALLEN OVSIANIK,
Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance,
Article VII, Sections 100-70B(4) and 100-71 for permission to construct
addition to the existing gas/service station with reduction in frontyard
area in this B-1 Zoned District. Location of Subject Parcel: Corner of
S.R. 25 and Eugene Road, Cutchogue, NY; County Tax Map Parcel No. 1000-
097-02-015.
The Chairman opened the hearing at 7:55 p.m. and read the legal
notice of hearing in its entirety and appeal application.
MR. CHAIRMAN: I have a copy of a map indicating the same setbacks
requested as in the prior application and configuration of the addition.
Do you have any idea what the proposed square footage of the addition
would be?
ALLEN OVSIANIK: 16' by 40'
MR. CHAIRMAN: We measured 42' across the back.
MR. LARSEN: Right.
MR. CHAIRMAN: So we assumre on Eugene's Road we have about 16'?
MR. LARSEN: Right.
MR. CHAIRMAN: Going across Eugene's Road and then going 42 feet.
MR. OVSIANIK: In additional depth.
MR. CHAIRMAN: And the only addition over and above that is the jog
that's in the building?
MR. LARSEN: The cut in there, right.
MR. CHAIRMAN: Is there anybody else that would like to be heard in
behalf of this application for a Special Exception? Anybody like to
speak against it? Questions from any board members? (None)
On motion by Mr. Goehringer, seconded by Mr. Douglass, it was
RESOLVED, to close the hearing and reserve decision in the matter
of Appeal No. 3049, application of ALLEN OVSIANIK.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
Southold Town Board of Appeals -7- November 18, 1982 Regular Meeting
PUBLIC HEARING: Appeal No. 3051. Application for ANNETTE GOLDEN
CARNES, 1445 Bay Shore Road, Greenport, NY (by A.W. Wickham, Esq.) for a
Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section
100-31 for approval of the existing pool and deck containing lot coverage
in excess of the maximum permitted 20%. Location of Subject Parcel:
1445 Bayshore Road, Greenport, NY; Subdivision Lots 22, 23, and part of
21 as shown on "Amended Map A of Peconic Bay Estates"; County Tax Map
Parcel No. 1000-53-4-004.
The Chairman opened the hearing at 8:00 p.m. and read the legal
notice of hearing in its entirety and appeal application.
MR. CHAIRMAN: I have a copy of a sketch of a survey amended on
March 25, 1980 indicating the pool, deck and 1½-story structure with
garage. There are three copies of it. And I think we're ready. Would
you like to be heard in behalf of the application?
ABIGAIL WICKHAM: No. I think you have it before you. I really
don't have anything to add. If you have any questions... I just hope
this is it and nothing else has been discovered in the meantime.
But since I was here last, the Building Department has been down, and
there's been some fencing and gate work done that I think conforms to
the code now, and I believe we've done everything that had to be done
to comply with that. I have nothing further to add.
MR. CHAIRMAN: Ok. Thank you very much. Is there anybody else
that would like to be heard in behalf of this application? Anybody
against the application? Any questions from any board members? (None)
Hearing no questions, I'll make a motion closing the hearing and
reserving decision until a later date.
On motion by Mr. Goehringer, seconded by Mr. Douglass, it was
RESOLVED, to close the hearing and reserve decision in the matter
of Appeal No. 3051, application for ANNETTE GOLDEN CARNES.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
Southold Town Board of Appeals -8-
November 18, 1982 Regular Meeting
PUBLIC HEARING: Appeal No. 3054. Application of LEANDER B. GLOVER,
JR., Cox's Lane, Cutchogue, NY (by R.F. Lark, Esq.) for a Variance to the
Zoning Ordinance, Article IX, Section 100-93 for permission to set off
property leaving a parcel with insufficient area and width in this C-1
Zoned District. Location of Property: Cox's Lane, Cutchogue, NY; County
Tax Map Parcels No. 1000-083-03-004 and 004.001.
The Chairman opened the hearing at 8:10p.m. and read the legal
notice of hearing in its entirety and appeal application.
MR. CHAIRMAN: I have a copy of a map indicating the 2.417 acres
on Cox's Lane which is the subject of this application. I also have a
copy of the Suffolk County Tax Map indicating this parcel and the
surrounding properties in the area. Mr. Lark, would you like to be
heard?
RICHARD F. LARK, ESQ.: And the only thing you might not have...the
arrangements with the Town is not only did Mr. Glover have to obtain a
variance for the two-acre parcel that they're requiring to retain but
also he had to obtain a set-off of the entire transaction under the
current zoning regulations. And today's mail brought a letter where
the Planning Board on November 8th has granted that approval and you
might want to--
MR. CHAIRMAN: We have it...we were wondering if you got it.
MR. LARK: Yeah, I just got it today. It's a rather unique appli-
cation in the sense that although the Town does not have to conform to
the zoning ordinance for their municipal purposes when they buy, the
individual landowners do, and try as hard as he may, Mr. Glover did,
who is here, can answer any questions that the board might have...the
Town did not want to buy any more than what you see in Exhibit A...the
75' strip on Cox's Lane. He tried to sell them the whole thing because
as you see on the Tax Map, it's clear that it left him with the 2.4
acres. They did not want to buy it. All they wanted to buy for their...
for what they consider their immediate needs...was in essence a right-
of-way and figured a 75' was a big enough buffer so they could move
there...whether it be the public or town trucks or what, in and out of
there. And would too have access throughout the rear of it, otherwise
they would be buying a land-locked piece...because as you can see the
other piece that they didn't want is a 20-acre piece to the north which
has road frontage both on Oregon Road and Cox's Lane. But they didn't
want any part of that. This is all that they wanted. And so when they
had their appraisals and pretty much ran the whole program of the
negotiations...you know how that goes...and that's what they came up
with buying this, and when I talked to the Town Atorney who has obvi-
ously spoken to you people, we came upon the conclusion that in order
for them to do that, since Glover would be left with property which
is shaded in the blue here, as you have it on Exhibit B...he had to
obtain (a) a variance from you and (b) a set-off from the Planning
Board. So the Town Board, who negotiated this and were more or less
stuck by their own device, sort of speak, and that if they had pur-
chased the whole thing, we wouldn't even have to hold up the contract
of sale. But he could not be left with what would be a nonconforming
Southold Town Board of Appeals -9- November 18, 1982 Regular Meeting
(Appeal No. 3054 - Leander B. Glover, continued:)
MR. LARK continued:
piece unless he got Board of Appeals' approval.
And so the application, I think speaks for itself. I won't be
long-winded on that, and those of you know that area. Historically,
with the exception of the McBride piece, they're all undersized by our
zoning standards of today. But apparently they weren't when they were
put in initially and the zone change was passed by the Town years ago,
but with the upgrading of the zone to a C-1 to 200,000, all of these
pieces, with the exception of the McBride price which is a six-acre
piece, was all rendered less than the 200,000 square feet...as I've
indicated in the application. So considering that and the fact that
this is an area variance, I don't think the requirement for the board
to grant it is that substantial.
Furthermore, keep in mind the other thing I tried to point out
and I don't know that it came out that clear, Mr. Glover owns 2½',
225.44 on Cox's Lane now...that's the only road frontage in that area
that he has for that lot. The Town wanted 75 feet, so by selling to
the Town 75 feet, he leaves himself 150 feet which is under the required
300, but my point is, if he was under the 300 to begin with, and he's
always going to have effectively, whoever owns that parcel 225 because
the 75-foot strip being acquired by the Town is not as a building or
won't be built upon...but will only be for a roadway to and from. So
you still have the effective width requirement, which as I understand
it, when it was passed, since industrial buildings are large in size
they wanted to have a lot of lot width so you wouldn't be right on top
of your neighbor, sort of speak. So you'll effectively have the same
thing, he will only, or he doesn't develop it...his successor in interest
would only have 150 feet, and again that's not outlandish because a lot
of the other properties up on the westerly side there have less than that
in there.
I have really nothing further to add other than that the application--
or if the board has any questions, Mr. Glover is here because he does feel
quite put upon by this whole thing and the Town is putting him in this
position, where he didn't want it that way. But after I got with the
attorney and after the agreements were made, this is what had to happen.
But as you see the Planning Board has given him approval for the set-off
and it should be pointed out that one of the parcels that you're involved
with, or the only parcel that you're involved, the two-acre parcel, they're
talking that the ingress and egress should be utilized for emergencies.
I have no control over that what the Town is doing there, and number two,
and the third condition that they would like a ... a recommendation, not
condition...I stand corrected.., is that additional buffering on Cox's
Lane to insure the residence on Matthews Lane of any harmful effects.
All I can say there is, if the Town is going to use it as a main thorough-
fare, they would be obliged to the neighbors in the area to provide
suitable traffic control--buffering. Glover has no control over that.
MR. CHAIRMAN: Thank you, Mr. Lark. Is there anybody else that would
like to be heard in behalf of this application?
Southold Town Board of Appeals -10-
Novembez 18, 1982 Regular Meeting
(Appeal No. 3054 - Leander B. Glover, continued:)
MR. SCHILKE: Sir, I'm a member of the neighbors on Matthews Lane.
We have written a letter to the Town Planning Board and the Councilmen
about our suggested recommendations in view of the nature of the landfill.
One of the major concerns we are concerned about is the fact that we can
see that there's a very good possibility that the town would consider in
their planning an access road on this particular parcel, and we, in our
letter that I've prepared for our neighbors, indicate that we would rather
see that used as an access for emergency vehicles only. We're concerned
of course about the safety of the general public, of our own families;
we're concerned with the noise; we're concerned with other things which
were in that letter. This is it here that Mr. Lark has, I believe. And
in our thoughts of this, we would like to be considered as neighbors.
And our concerns about the uses of it, we can see that it might be
possibly used as an access, and we feel if Cox's Lane is used as a major
access to go into that or as a secondary exit or entrance, it wouldn't
be fair to the other neighbors.
MR. CHAIRMAN: Can we have your name again, Sir?
MR. SCHILKE: S-c-h-i-l-k-e.
MR. LARK: Mr. Goehringer, Mr. Schilke did write a letter to the
Planning Board, which they gave me a copy, and I can give you the one
that they gave me, so you can have it as part of your file. He did
write a letter where he expressed some of those things of the people
who live on that subdivision there on the easterly side of the road.
MR. CHAI~{AN: Yes, if you wouldn't mind. We would like to have
it before we close this public hearing. (Mr. Schilke presented three
pages of comments that he had previously submitted to the Southold
Town Board members and Mr. Henry Raynor of the Planning Board.)
Thank you very much. Is there anybody else that would like to be heard
in behalf of the application?
MR. SCHILKE: I have one more question.
MR. CHAIRMAN: Sure.
MR. SCHILKE: I don't understand...but in this evening's paper, I
happened to read a notice that there's a ... I'm not sure and I don't
have any proof whether it's apparently true or not, but this piece of
property...is this one of the pieces of property that's up for auction
on December 9th?
MR. CHAIRMAN: I have no knowledge of that.
MR. SCHILKE: I can't tell by the write-up. It seems to be a piece
of property for back taxes due...I'm not trying to embarrass anyone.
MR. GLOVER (?): The taxes were paid, but they had to advertise
prior to--
MR. CHAIRMAN: Thank you. Anybody else to be heard in behalf of
the application? Anybody like to say something against the application?
Any questions from any board members? (None)
Southold Town Board of Appeals -11-
November 18, 1982 Regular
Meeting
(Appeal No. 3054 - Leander B. Glover, Jr., continued:)
MR. CHAIRMAN: Hearing no further comments, I'll make a motion
closing the hearing and reserving decision.
On motion by Mr. Goehringer, seconded by Mr. Douglass, it was
RESOLVED, to close the hearing and reserve decision in the matter
of Appeal No. 3054, application for LEANDER B. GLOVER, JR.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
PUBLIC HEARING: Appeal No. 3019. Application of A. BODENSTEIN
and wife, by Garrett A. Strang as agent, 54655 Main Road, Box 1412,
Southold, NY for a Variance to the Zoning Ordinance, Article VII,
Section 100-71 for permission to construct retail store with insuf-
ficient sideyard areas on the substandard parcel located in this B-1
Zoned District. Location of Subject Parcel: 31855 S.R. 25, Cutchogue,
NY; County Tax Map Parcel No. 1000-97-5-10.
The Chairman opened the hearing at 8:29 p.m. and read the legal
notice of hearing in its entirety and appeal application.
MR. CHAI~N: I have a copy of a survey indicating this parti-
cular property which is approximately 80' by 165' showing a proposed
building and gravel parking area. We also have a copy of the Suffolk
County Tax Map indicating this parcel and the surrounding properties.
GARRETT A. STRANG: We have a lot that's not only inadequate in
overall square footage but in width as well. We need to provide park-
ing area which has already been presented to the Planning Board and
access to that parking lot which is the driveway, and we deduct that
width and put our building on it that leaves us with inadequate side
yard. So consequently, we're filing for the variance for the sideyard.
Well, I believe we're just filing for the sideyard variance, the front
yard is the same as Mott.
MR. CHAIR~LAN: Could I have the size of the proposed building?
MR. STRANG: The building is to be, the building is in width, which
is the east-west dimension, 35' and then there's a six-foot covered
porch that extends out beyond that. And in the north-south dimension,
it's 20' wide and there's a six-foot porch on the south side of the
building as well.
MR. CHAIRMAN: Ok. Thank you. Was there anything else you wanted
to say?
MR. STRANG: Well, no, I think that pretty well covers it. If
there are any questions, I'll try and answer them for the board.
MR. CHAIRMAN: This is a one-story framed structure?
Southold Town Board of Appeals -12-
November 18, 1982 Regular Meeting
(Appeal No. 3019- A. Bodenstein, continued:)
MR. STRANG: One-story framed structure.
MR. CHAIRMAN: For one business only?
MR. STRANG: For one business only. That business is, for a matter
of record, would be the repair of clocks, watches, and also sales of
antiques.
MR. CHAIRMAN: Thank you very much. Is there anybody else that
would like to be heard in behalf of the application? Anybody like to
say something against the application? Any questions from any board
members? (None) Hearing no further comments, I'll make a motion
closing the hearing and reserving decision.
On motion by Mr. Goehringer, seconded by Mr. Douglass, it was
RESOLVED, to close the hearing and reserve decision in the matter
of Appeal No. 3019, application of A. BODENSTEIN and wife.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
PUBLIC HEARING: Appeal No. 3013. Application for EAST END
SUPPLY CO.~ INC. by Irving L. Price, Jr., Esq. as agent, 828 Front
Street, Greenport, NY for a Variance to the Zoning Ordinance, Article
VIII, Section 100-81, Bulk Schedule for permission to construct ware-
house in this "C-Light Industrial" Zoned District with insufficient
front, rear and side yards as shown on building plans accompanying
the appeal application. Location of Property: South Side of Corwin
Street, Greenport, NY; County Tax Map Parcels No. 1000-48-2-2 and 3.
The Chairman opened the hearing at 8:36 p.m. and read the legal
notice of hearing in its entirety and appeal application.
MR. CHAIRMAN: I have a copy of a survey produced on 12/16/81
indicating the existing warehouse and proposed buildings that are men-
tioned in the within application, and we have a copy of the Suffolk
County Tax Map showing this property and the surrounding properties.
Mr. Price.
IRVING L. PRICE, JR., ESQ.: Mr. Chairman, members of the board.
First of all I would like to ask your indulgence so that I can repeat
a few things that I feel should be repeated. The application for a
Building Permit was filed May 26, 1982, five and one-half months ago.
I personally filed it and informed the Building Inspector at that time
that the buildings occupied more than the allowed area under the bulk
area provisions of the Southold Town Ordinance and requested that it
be rejected as soon as possible so that an application for a variance
as well as a Special Exception could be made. The refusal by the
Building Department was dated June 7, 1982, was received June 22, 1982.
An application for a variance and a special exception were made on
Southold Town Board of Appeals -13- November 18, 1982 Regular Meeting
(Appeal No. 3013 - East End Supply Co., Inc., continued:)
MR. IRVING PRICE continued:
June 30, 1982 (sic, July 6, 1982). It was referred to the Planning Board
on July 12, 1982. There was a hearing of the Planning Board on Septem-
ber 20, 1982 and the first letter from the Planning Board asking the
Building Department for certification was dated September 28, 1982, and
the second letter from the Planning Board refers to a meeting of
November 8, 1982...the letter was dated November 11, 1982...it was
mailed November 17 and was received this morning, November the 18th.
The letter from the Planning Board dated November llth was addressed to
me and it says, "...The following action was taken by the Southold Town
Planning Board Monday, November 8, 1982...RESOLVED, that the Southold
Town Planning Board approve the site plan of East End Supply Company
located at Greenport, subject to the following conditions:
1. Reduction of the rear yard to be no closer than 15' from
property of MTA.
2. Building to be no closer than 20' from west boundary.
3. Building to be no closer than 20' from front yard.
4. Suffolk County Planning Commission's consideration due to
overlapping jurisdiction ....
The provisions of the ordinance as far as site plan approval by the
Planning Board is under Section 100-131 of the Zoning Ordinance of
the Town of Southold, and I have to read part of it so that the jest
will be before you.
"The objections of site plan approval: ...In considering and
acting upon site development plans, the Planning Board shall take
into consideration the public health, safety and welfare, the com-
fort, convenience of the public in general and residents of the im-
mediate neighborhood in particular, and may prescribe appropriate
conditions and safeguards as may be required in order that the result
of its action may, to the maximum extent possible, further the
expressed intent of this chapter and the accomplishment of the follow-
ing objectives in particular..., and they are:
A. Traffic access.
B. Circulation and parking.
C. Landscaping and screening .... "
And no provision for conditions as to compliance with the setbacks and
side line distances and average coverage...percentage of coverage of
the premises. This is the requirements of the zoning ordinance, these
were called to the Building Department's attention at the time of the
original building permit was applied for. We have withdrawn the appli-
cation for the special exception (sic) because we understand if the
variance granted, if granted, is different than applied for, then we
would have to commence again with another reference to the Planning
Board for site approval as to that variance; so therefore, we've
withdrawn-- we're not withdrawn -- we've asked that it be suspended,
and then if there's a variance granted, we will apply for a special
Southold Town Board of Appeals -14-November 18, ±982 Regular Meeting
(Appeal No. 3013 - East End Supply Co., Inc., continued:)
MR. PRICE continued:
exception. And the special exception is necessary because the proposed
use of the premises is a permitted use under the zoning ordinance. The
only provisions of the zoning ordinance that are not complied with in
the plans as presented is the side line setbacks and the percentage of
the premises covered.
This proposal, for your information, involves a parcel of land
located several hundred feet to the west of the Incorporated Village
of Greenport, two blocks south of the Main Road, Route 25, subject to
the jurisdiction of the Town of Southold. The total parcel measures
505.84 feet more or less on Corwin Street to the north, 66.43 feet more
or less on the east bounded by land of Jernick, 515 more or less on the
south bounded by the land of the MTA, the railroad, which is a 60'
right-of-way, 130.66 feet more or less on the west, the premises of
Main Street Corporation, and it's improved by a warehouse in which they
store awnings and such. All of the title is in the East End Supply
Company, Inc. including the extension of 8th Street and one-half, 25 feet
of 7th Street, bounded by Corwin Street on the north and the MTA on the
south. The entire parcel is zoned "C-Light Industrial" District in
which office buildings, wholesale storage, and warehousing are permitted
uses with special exception, subject to site plan approval by the
Planning Board. A part of the premises presently are improved by the
old Mill buildings, was granted a special exception under Appeal #1537
dated May 25, 1972. A one-story storage building measuring 32' by 156',
5,000 square feet, is located on the easterly portion of the property.
The building and portions of the vacant land appurtenant thereto have
always been used commercially since first development to the best of
our knowledge. It is the site of a long time grain, coal, and oil
distributing plant. The western portion of the property contains four
dwelling units, one of which is sealed as a protective measure. Pic-
tures of this site will be presented herewith along with a picture of
the company's present headquarters and one of its warehouses.
Unusual to this parcel are the following: (1) the railroad, MTA,
adjoining the entire southerly boundary a 60' right-of-way, and previ-
ously existing siding has been removed, (2) the shape and dimension
of the property...it's long, narrow and tapered, (3) the vacant par-
cel to the east owned by Jernick is presumably held for commercial
purposes since it's zoned Light Industri, (4) the existing storage
warehouse to the west, that of 125-127 Main Street Corporation, (5)
the easterly portion of the property has been used commercial for many
years...coal and grain storage, bulk insulation storage, furniture
storage, marine equipment storage. The residential character of these
premises is depressed and undesirable. It is proposed to construct a
permanent warehouse and office building of approximately 21,000 square
feet on the west portion of this property, eliminating existing
buildings. Simultaneously, the existing building on the easterly
portion will be exterior modernized conforming with the new, providing
a total of approximately 26,000 square feet of covered space. The
remainder of the land will be devoted to off-street parking, loading
areas, screening and landscaping. This facility will be the principal
location for East End Supply Company, Inc. and related subsidiaries.
Southold Town Board of Appeals -15-
November 18, 1982 Regular Meeting
(Appeal No. 3013 - East End Supply Co., Inc., continued:)
MR. PRICE continued:
The nature of those activities is such that exterior advertising
and illumination is required for security reasons only. The East End
Supply Company, Inc. has been a domestic New York corporation since
1949, established for the purpose of wholesale distribution...no retail...
of marine hardware, equipment, and related products serving commercial
customers nationally and overseas with its major market in the north-
easterly United States. Principals and employees of which there are
presently 26 are all local residents, be in the circumstances from its
inception. Consequently, it is a substantial, stable contributed to
the local economy, four locations...all in Greenport, owned by the
corporation, comprise the present facility. Any condition placed on
requested variance reducing area of buildings would raise serious
questions of the economics of the plan.
To adhere to the bulk schedule it thus be a pratical difficulty
and an unnecessary hardship...you, the Board of Appeals, have the
power to vary or modify the application of the provisions of the zoning
ordinance, when the spirit is observed, the public safety, welfare is
secured, and substantial justice done, see Section 100-121(B) of the
Southold Town Zoning Ordinance.
The applicant submits that the filed plan comply with all of the
above considerations and ask that the variance be granted as originally
requested on June 30, 1982 (sic, July 6, 1982), nearly five months ago.
Mr. Burden, p~esident of East End Supply Co., Inc. is present and will
answer any questions that you have as to the plans as submitted.
Now, the pictures. This is a picture of one of the houses presently
on the premises. A pictur~ of two of the houses on the premises. A
picture of some of the structures in back of the houses. Another pic-
ture of same. Another picture of one of the houses. A picture of one
of the structures in the back. The house that is sealed up. The
present headquarters of the corporation on Front Street in the Village
of Greenport next to the post office, which when it was erected received
an architectural award for that year. Another picture of the same office.
And a picture of the so-called old mill that's already in operation on
the premises as a warehouse and for which a special exception was granted.
And this is a picture of one of their warehouses on 6th Street, and which
was so-called old barrel factory, where barrels were manufactured years
ago for the shipment of oysters, when Greenport was an oyster ( )
And to my knowledge, there are no adjoining landowners that have entered
any complaints. If they have, they haven't stated it to us. And I have
a summary of my long-winded explanation together with the maps. A part
of the Southold Town Tax Map...Suffolk County Tax Map which, I think,
demonstrates and illustrates the odd shape of the parcel, and its rela-
tion to other property in the vicinity. Now, if you have any questions,
either Mr. Burden or myself would be glad to answer them.
MR. CHAIRMAN: Mr. Price, you mentioned 26 employees presently
within the corporation?
MR. PRICE: Yes.
MR. CHAIRMAN: How many people would be employed at this proposed
Southold Town Board of Appeals -16- November 18, 1982 Regular Meeting
(Appeal No. 3013 - East End Supply Co., Inc., continued:)
MR. CHAIRMAN continued:
site? Let me preface that in saying that, when I met with Mr. Burden...
I don't know if it was April, but some time of '82.
MR. BURDEN: Oh about then.
MR.CHAIRMAN: Somewhere in that general time period. He mentioned
that you were going to sell the, I think it's the Front Street site?
MR. BURDEN: Well, I don't remember making that statement. We may
consider it after we ( ) , it depends on what we do with the existing
property. There would be no particular increase in employment that I
can foresee. We seem to do very nicely with the staff we have.
MR. CHAI~4AN: So we would assume that if...let me re-phrase the
question. We would assume that 26 people would be housed within this
site that we're proposing right here?
MR. BURDEN: Well, let's break it down a little bit. Of the 26
people, 26 are not there all the time. We employ six outside salesmen
who are out every day in the week. The steady staff within the build-
ing would be in the neighborhood of say, 15 to 18, out of the 26. We
run trucks every day, drive around in each truck, so forth and so on.
The number of people that would be within that building at any one time
would be somewhere between 15, 16 and 18.
MR. CHAIRMAN: Ok, thank you.
MR. BURDEN: Do you want a copy of the Planning Board's letter?
MR. CHAIRMAN: We have a copy of the Planning Board letter right in
front of us.
MR. PRICE: Well, to show compliance with the zoning ordinance as
to setbacks and side lines, the shape of the buildings would result--
MR. BURDEN: Well, this was done very hurriedly because I didn't
know anything about the Planning Board's newest letter, until some
where around 9:30, but we did take the site plan or the plot plan that
you have there, Mr. Goehringer, and we went over it with yellow and
then there's red, showing that if we complied or had to comply with
the Planning Board's letter of this morning, receipt this morning,
meeting what they suggest...15' setback along the railroad, 20' on
the west line, and 20' off Corwin Street, that the result would be
this shape. And as that kind of a building is of no value for ware-
housing of the type that we have to do, on top of which we would lose
almost 50% of what we had planned in square footage of building. In
addition to that, inasmuch as we're working with a steel structure
here for the most part, and they are in modular pieces, we could do
similar to what was done there, and jig-saw this business and pick up
a little square footage that way...but at that stage of the game, we
would be dropping somewhere around 30% of what was planned. If we
have to lose 30% of what was planned, then this is uneconomic. The
greatest part of the lose of what had been planned, which had a lot of
Southold Town Board of Appeals -17-
November 18, 1982 Regular Meeting
(Appeal No. 3013 - East End Supply Co., Inc., continued:)
MR. BURDEN continued:
thought put into it, is along the MTA line, where the Planning Board
looks for 15' of setback, and there is a little loss over here on this
side, on the west. When this was done, we gave consideration to every-
thing that is listed within the Planning Board's recommendations as to
what they would require presumably on a piece of property of this size
and shape. I think the one thing that's being overlooked possibly is
MTA land that I can't predict what the future is, but as far as we're
concerned, we have a 65' rearyard sitting there. I can't picture
fences, I can't visualize that the railroad would leave. So if we
had to go to this, within the whole proposition, looks as though it
would be out the window. We need that 21,000 square feet.
MR. CHAIRMAN: Mr. Burden, could you supply us, and we had discussed
this in April, without a tremendous amount of work, it doesn't have to
be down to the last two feet, I'm saying that facetiously of course,
an indication of total building saturation as proposed as we are
sitting here looking at it now, and what is left of total, unbuilt
land area?
MR. BURDEN: Yes. This parcel ... the shape that it is, which is
unusual, contains 51,000 square feet, plus or minus very little. We
planned with the proposed new building and the continuation of the old
building to use 26,000 square feet. By my numbers, that would be
something like 49% of the total land area.
MR. CHAIRMAN: That's including the existing structures.
MR. BURDEN: Right. If you have 21,000 here, the proposed new
building, you've got 5,000 in the old building which would be modern-
ized to conform, so you have 26,000 square feet.
MR. CHAIRMAN: We were wondering if we could take that map for the
record.
MR. BURDEN: It's the only one I have...it was done this morning.
MR. CHAIRMAN: We'll save it for the record. I would rather not
return it to you right away, but we'll return it to you.
MR. BURDEN: Well, I'm not too interested in having it returned
because I could make another one. There it is.
(Mr. Burden submitted a large plan showing the areas left for
building when meeting the setback requirements requested of the
Planning Board.)
MR. BURDEN: Would there be any other questions, Mr. Goehringer?
MR. CHAIRMAN: Not right at the moment. We'll see if anybody
else would like to say anything and we'll go around a full circle.
Ok? Is there anybody else that would like to speak in behalf of
the application, sir?
Southold Town Board of Appeals -18-
November 18, 1982 Regular Meeting
(Appeal No. 3013 - East End Supply Co., Inc., continued:)
WILLIAM JAMES MILLS: My name is William J. Mills and I'm an officer
of the corporation 125-127 Main Street Corp. We are located to the
west of the applicant's. We as a corporation have no objection to the
application. I think that it'll be an improvement to the neighborhood
and certainly not be injurious to the neighborhood considering the
pictures we have seen. I may point out in light of the letter that
has been mentioned tonight from the Planning Board, I cannot be posi-
tive, but I believe our building is closer than 15 feet to the MTA line
and that may be checked by the board. Thank you.
MR. CHAIRMAN: Thank you. Mr. Burden?
MR. BURDEN: May I just add one point about this building proposition.
We're all familiar with steel buildings, they're modular, and they come
in usual 10-foot variations of width. So we get into a little bit of a
bind on that part of this, in that warehousing should be done out of
squares if it can be...never mind long, rectangular buildings. And the
more we go from a square to a rectangle, the more difficult this whole
thing becomes...coupled with, when we get into this width of building...
now we have 100' down there, and the next one down is 90, and 80, and
so forth and so on, when you want clear span. So we do have that con-
sideration on these front, rear yard setbacks.
MR. CHAIRMAN: Thank you. Anybody else like to be heard in behalf
of the application? Anybody like to be heard against the application?
(None) Any questions from any board members?
MEMBER DOUGLASS: Walt, on here you show your loading and unloading
platform on the new building parallel to the street.
MR. BURDEN: One of them.
MEMBER DOUGLASS: Yes, this one here. This other one is how many
feet--there's no footage on here. Do you know what the footage on the
depth is on this one?
MR. BURDEN: The length of the driveway or the width of the driveway.
MEMBER DOUGLASS: The length, from the road to the platform.
MR. BURDEN: Oh, I can tell you, Bob. Well, we've got 26 and more
than half of the building, so it's at least 75 to 76 feet.
MEMBER DOUGLASS: Right, it starts almost in the middle of it. So,
these that you have will keep your trucks off the street the way you
have it. Over here, is there anything that you plan to do over on the
old section where you are running from 43 feet to the street to down to
24 feet to the street? So that you can do the same thing as you did
over here and keep them from hanging out into the street.
MR. BURDEN: Well, this building presently has numerous loading or
unloading...actually there's on the east side of the building right in
the middle and a truck could get in there...we use that frequently. And
then there are two or three along the front. Now I wouldn't want to say
Southold Town Board of Appeals -19-
November 18, 1982 Regular Meeting
(Appeal No. 3013 - East End Supply Co., Inc., continued:)
MR. BURDEN continued:
this, but when we modernize that building and make it look the way this
one would be, that we would continue with those same entrances and open-
ings, but we certainly would be doing it so that it was usable.
MEMBER DOUGLASS: Well, I was was trying to say is, over here you can
get your tractor trailers in with no problem.., no street problem. Over
here, you can't...they'll hang out.
MR. BURDEN: No, not really. I know you're familiar with trucks.
But many of these trucks are side loading trailer trucks, and the type
of material that we presently keep in this building and would continue
to keep in that building is of such a nature that it can be side-loaded
to the building. And at the same time, I think that, and this is
looking ahead, why this door down here, a tractor trailer could get in
there and break around. Then there's another loading space that's
indicated over on the back end of that building. So actually there
are three.
MEMBER DOUGLASS: Yes. Thank you.
MR. CHAIRMAN: Mr. Burden, what is your time limit for construction,
assuming of course that certain variances were granted within the next
60 days.
MR. BURDEN: If it were possible, which it isn't because we have to
prepare working grounds naturally, so I would imagine that at this
stage of the game we're looking at breaking ground in the Spring. I
don't see how it could be done sooner than that, but every hang is
predicated upon how we come out with this building.
MR. CHAIRMAN: Thank you very much. Any further questions from
anyone concerning this? (None) Hearing no further questions, I'll
make a motion closing the hearing and reserving decision until a later
date.
MEMBER DOUGLASS: Second.
On motion by Mr. Goehringer, seconded by Mr. Douglass, it was
RESOLVED, to close the hea~ing and reserve decision in the matter
of Appeal No. 3013, application for EAST END SUPPLY CO., INC.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
Southold Town Board of Appeals -20-
November 18, 1982 Regular Meeting
CLOSED SESSION FOR DELIBERATIONS: At approximately 9:20 p.m., motion
was made by Mr. Goehringer, seconded by Mr. Sawicki, and duly carried,
to enter into "closed session" for deliberations, and that the Regular
Meeting would be reconvened after closed session.
The Board left to deliberate in the Building Department room for
1½ hours approximately. The board returned to the meeting room. (11:00)
RECONVENE REGULAR MEETING: On motion by Mr. Sawicki, seconded by
Mr. Doyen, it was RESOLVED, to reconvene the Regular Meeting at this
time. This resolution was unanimously carried.
PREVIOUS DECISION: APPEAL NO. 3040. The board members reviewed
and discussed a letter received from the Law Offices of Ernest J.
Belfi concerning his request for reconsideration on the approval of
access granted to Joseph D. Burruano, Esq. on October 21, 1982.
On motion by Mr. Douglass, seconded by Mr. Doyen, it was
RESOLVED, that the town Road Inspector, Mr. John W. Davis be asked
to inspect the subject right-of-way known as "Lehr's Lane" and submit
his comments as soon as possible.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
PENDING APPEAL NO. 2956 - PARKSIDE HEIGHTS CO. (E. KONTOKOSTA).
Mr. David E. Kapell, agent for Mr. Kontokosta in the matter of
Parkside Heights Co. submitted newly amended maps to the Z.B.A. office
on November 17, 1982 reducing the number of dwelling units from 19 to
18 and adding garages in front of the proposed condominiums. The
status of the original Special Exception application filed February 26,
1982 has been pending Planning Board approval, which was received
May 27, 1982 under the name "Gardiners Bay Condominiums" and pending
N.Y.S.D.E.C. approval, which to date has not been received. The
D.E.C. is requiring their agency to publish notice, and the SEQRA
process is also pending.
On motion by Mr. Goehringer, seconded by Mr. Douglass, it was
RESOLVED, that a letter be forwarded to Mr. Kapell indicating the
following approvals are required before scheduling this application
for public hearing:
1. Approval of the amended plan by the N.Y.S. Department of
Environmental Conservation;
2. Approval of the amended plan by the Southold Town Planning
Board;
Southold Town Board of Appeals -21- November 18, 1982 Regular Meeting
(Appeal No. 2956 - Parkside Heights Co. or E. Kontokosta, continued:)
3. Approval by the Army Corps of Engineers (if within their jurisdic-
tion).
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
AMENDED SITE PLAN ON PREVIOUS APPLICATIONS NO. 2772 and 2579.
Mr. David E. Kapell, agent for Mr. Kontokosta in the matter of
CLEAVES POINT VILLAGE CONDOMINIUMS submitted a proposed amended site
plan to include two tennis courts, installation of an 8' high fence,
revision in the location and size of Buildings ~3 and #4, adding
one-car garages for each of the units in Buildings #3 and #4, and
reducing the number of units from 45 to 44, received November 17, 1982.
In reviewing the maps and discussing the proposal with the Town
Attorney, a newly filed amended application will be required in order
for the maps to be considered and officially acted upon by the Z.B.A.
The secretary was asked to call the D.E.C. in Stony Brook to find out
whether or not an amended application will be required by their
agency for these revisions.
On motion by Mr. Goehringer, seconded by Mr. Douglass, it was
RESOLVED, that a letter be forwarded to Mr. Kapell advising that
the following are necessary before properly proceeding on these
amended maps:
1. Amended permit from the D.E.C. if the D.E.C. so requires;
2. Submission to the Building Department for their review and
comments in the event a variance may also be needed;
3. Amended Special Exception application forms;
4. Approval of the amended plan by the Planning Board.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
Southold Town Board of Appeals -22-
November 18, 1982 Regular Meeting
On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was
RESOLVED, to declare the following "Negative Declaration" in
the SEQRA process of Appeal No. 2930, application for SAL CAIOLA
as follows:
APPEAL NO.: 2930
PROJECT NAME: Sal Caiola (Condominium Project)
This notice is issued pursuant to Part 617 (and Local Law ~44-4)
of the implementing regulations pertaining to Article 8 of the State ~
Environmental Quality Review Act of the Environmental Conservation Law.
This board determines the within project not to have a significant
adverse effect on the environment. Also, please take 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 [X] Unlisted [ ]
DESCRIPTION OF ACTION: Construction of ten condominium units,
gravel surface road, parking areas, regrading, swim~i~l, etc.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: County Tax Map Parcel No. 1000-51-5-2.
2.5+- acre parcel located at the south side of C.R. 48, Southold.
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the Short Form has been sub-
mitted which indicates that no significant adverse effects to the
environment are likely to occur should this project be implemented as
planned.
(2) Comments from the County Health Department indicate that
storm water runoff be required to be retained on site, which this
board is in agreement;
(3) Comments from the Southold Town Planning Board indicate that
the two units on the south end of the property would have a potential
to damage the environment, which applicant has agreed to relocate.
FOR FURTHER INFORmaTION, PLEASE CONTACT:. Mrs. Linda F. Kowalski,
Secretary, Southold Town Board of Appeals, Main Road, Southold, New
York 11971. Telephone: (516) 765-1809.
Copies of this notice sent to the applicant(s) or agent(s) and
other involved agencies [if any] and posted on the Town Clerk Bulletin
Board.
~ · Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawic~i. (Member Grigonis was absent.) This resolution was
unanimously adopted~
Southold Town Board ol Appeals -23- November 18, 1982 Regular Meeting
(Appeal No. 2930 - Sal Caiola, continued:)
IT WAS ALSO RESOLVED, that this board, as lead agency, determines
that a public hearing on the Draft EnvirOnmental Impact Statement is
not required; and it is further
RESOLVED, that the proposed action will not have significant
adverse effects on the environment and that no final Environmental
Impact Statement need be prepared; and it is further
RESOLVED, that a copy of this action be forwarded to the Southold
Town Planning Board in order that they may process the site plan (and
amended site plan as recommended by the Planning Board) request on this
project; and it is further
RESOLVED, that upon receipt of a copy of the Planning Board's
determination on the (amended) site plan, this board will be in a
position to schedule a date for the public hearing on this Special
Exception application.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
Mr. Kapell was present at the hearing, and had indicated that
a variance application may be needed due to the change in the length
of one of the buildings, thereby shortening the sideyard setback.
The Chairman suggested that Mr. Kapell meet with the Chairman of the
Planning Board on the 29th if possible, and that the Z.B.A. expects
to meet at a Special Meeting on the 27th to consider scheduling for
a public hearing. Mr. Kapell said he is on the Planning Board
agenda for November 29, 1982 and will keep the board advised.
PENDING APPEAL NO. 3011. Application of WILLIAM BURKHARDT
to divide premises with insufficient area and frontage at Wabasso
Street, Laughing Waters, Southold, New York.
On July 8, 1982, this board declared holding this application
in abeyance pending review and receipt of comments from the Planning
Board concerning this proposed division. On November 8, 1982, the
Planning Board declared this project to be a "set-off.
The board subsequent to this notation is scheduling this
application for public hearing to be held at our next Regular
Meeting, to be held Thursday, December 16, 1982, and the secretary
is asked to correspond with the County Health Department as to
their comments on this project as soon as possible.
Southold Town Board o ~ppeals -24- Nov¢ er 18, 1982 Regular Meeting
RESERVED DECISION from earlier this evening: Appeal No. 3054.
Upon application of LEANDER B. GLOVER, JR., Cox's Lane, Cutchogue, NY
for a Variance to the Zoning Ordinance, Article IX, Section 100-93 for
permission to set off property leaving a parcel with insufficient area and
width in this C-1 Zoned District. Location of Property: Cox's Lane,
Cutchogue, NY; County Tax Map Parcels No. 1000-083-03-04 and 004.001.
The board made the following findings and determination:
By this appeal, appellant seeks permission to set off a 18.893-acre
parcel to be conveyed to the Town of Southold, leaving a 2.417-acre parcel
with a frontage atong Cox's Lane of 150.44 feet. The premises in question
is zoned "C-1 General Industrial."
Upon inspecting the vicinity of the parcel in question, the board
finds that a majority of the parcels in this C-1 District are less than
the required area and road frontage of the recent provisions of the
zoning code. Also, it is the understanding of the board that the Town
has agreed only to purchase 18.893 acres from Mr. Glover having 75 feet
along Cox's Lane, and does not intend to purchase the remaining 2.417
acres. Under the circumstances, the board is in agreement with the
applicants.
In considering this appeal, the board determines that the variance
request is not substantial; that the circumstances are unique; that by
allowing the variance no substantial detriment to adjoining properties
will be created; that the difficulty cannot be obviated by some method
feasible for applicantother ~han a variance; the retief requested will be in harmony
with and promote the general purposes of zoning; and in view of the
manner in which the difficulty arose and in consideration of all the
above factors, the interest of justice will be served by allowing the
variance.
On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was
RESOLVED, that the relief applied for in Appeal No. 3054, applica-
tion for LEANDER B. GLOVER, JR. to set off property leaving a parcel
with insufficient area and width, be and hereby IS APPROVED AS APPLIED.
Location of Property: West side of Cox's Lane, Cutchogue, NY;
County Tax Map Parcels No. 1000-083-03-04 and 04.001.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
Southold Town Board of Appeals
-25-
November 18, 1982 Regular Meeting
RESERVED DECISION from earlier this evening. Appeal No. 3050.
Upon application for HOWARD HAMRE and wife, by Robert W. Gillispie
III as agent, North Road, Box 1112, Southold, NY for a Variance for
approval of access, New York Town Law, Section 280-a, over a private
right-of-way known as "Paradise Shores Road," Southold. Location of
Parcel in Question: 950 Paradise Shores Road, Southold; County Tax Map
Parcel No. 1000-080-01-027.
The public hearing on this application was held earlier this
evening, at which time the hearing was declared closed pending delibera-
tions.
The board made the following findings and determination:
By this application, appellant seeks approval of access over a
private right-of-way located off the north side of North Bayview Road
extending northerly 2,888.05 feet and having a width of 20 feet. After
investigation and inspection, the board finds that this right-of-way is
the only legal access to the parcels adjoining same, which parcels were
subdivided prior to the enactment of zoning. Also, the board has found
upon inspection that the right-of-way is in very good condition, suit-
able for all emergency vehicles.
In considering this appeal, the board determines that the variance
request is not substantial; that the circumstances are unique; that by
allowing the variance no substantial detriment to adjoining properties
will be created; that the difficulty cannot be obviated by some method
feasible for applicant other than a variance; the relief requested will be in harmony
with and promote the general purposes of zoning; and in view of the
manner in which the difficulty arose and in consideration of all the
above factors, the interest of justice will be served by allowing the
variance.
On motion by Mr. Sawicki, seconded by Mr. Doyen, it was
RESOLVED, that access over "Paradise Shores Road" as shown on
the May 24, 1940 survey by Otto W. VanTuyl, be and hereby is
APPROVED AS APPLIED for the entire length (2888.05 feet).
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
Southold Town Board of Appeals -26-
November 18, 1982 Regular Meeting
RESERVED DECISION: Appeal No. 3050.
Upon application of AGNES D. McGUNNIGLE, 52A North Road, Southold, NY
for a Variance to the Zoning Ordinance, Article III, Section 100-30A(1)
for permission to create additional living unit within one-family resi-
dence located in an "A" Zone and more particularly identified as 57185
C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-44-2-2.
The public hearing on this application was held earlier this even-
ing, at which time the hearing was closed pending deliberations.
The board made the following findings and determination:
By this application, appellant seeks permission to construct an
additional apartment (living unit) in order that her daughter and
grandchildren may reside in this dwelling structure with a separate
kitchen and quarters. The total square footage of the separate living
unit is said to be about 600 square feet.
The reasons stated for the record requiring this change of use
are: (1) Mrs. McGunnigle has resided on these premises for more than
ten years, and is a widow for more than 15 years; (2) Mrs. McGunnigle
would like to retain some privacy and independence when accommodating
her daughter and grandchildren which can only be done with a separate
kitchen; (3) Mrs. McGunnigle lives alone.
The premises in question contains an area of approximately 58,450
square feet, having frontage along Middle Road (County Road 48) of
150.27 feet. Existing on the premises is a one-family, one-story
house.
Since the relief requested is for a change in use of the premises
to permit a second apartment or living unit, the variance may only be
granted by this board upon proof that (1) the land in question cannot
yield a reasonable return if uSed only for the purpose allowed in that
zone; (2) that the plight of the owner is due to unique circumstances
and not the general conditions in the neighborhood which may reflect
the unreasonableness of the zoning code; and (3) that the use to be
authorized by the variance will not alter the essential character of
the locality. Appellant has failed to demonstrate unnecessary hard-
ship, and, accordingly,
On motion by Mr. Sawicki, seconded by Mr. Douglass, the relief
requested in Appeal No. 3050, application of AGNES D. McGUNNIGLE, be
and hereby is DENIED.
Location of Property in Question: 57185 C.R. 48, Greenport, NY;
County Tax Map Parcel ID No. 1000-44-2-2.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
Southold Town Board of Appeals -27-
November 18, 1982 Regular Meeting
RESERVED DECISION: Appeal No. 3036.
Upon application of RALPH L. AND JANE M. ARMBRUST, 840 Manor Hill
Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III,
Section 100-30 for permission to construct additional stable(s) and to
add additional horses on this four-acre parcel. Location of Property:
840 Manor Hill Lane, Cutchogue, NY; bounded northwest by Schwarz; west
by Cross right-of-way; south by Sheehan; northeast by Cross; more parti-
cularly known as County Tax Map Parcel No. 1000-108-3-13.11.
The public hearing on this application was held on October 21, 1982,
at which time the hearing was declared closed pending deliberations.
The board made the following findings and determination:
By this application, appellants seek permission to build two addi-
tional stalls, for a total of four [4] stalls, to accommodate four [4]
horses ~.for the personal use of the immediate family. Existing
on the premises in question is a one-family dwelling and accessory
two horse stalls in the rearyard. The premises contains a total square
footage of 155,550.50 square feet. For the record, it is mentioned that
at the time of inspecting the property, three horses occupied the rearyard.
Each stall is to have a size of 10' by 12'
In considering this appeal, the board determines that the variance
request is not substantial; that the circumstances are unique; that by
allowing the variance no substantial detriment to adjoining properties
will be created; that the difficulty cannot be obviated by a method
feasible to appellant other than a variance; that the relief requested
will be in harmony with and promote the general purposes of zoning; and
in view of the manner in which the difficulty arose and in consideration
of all the above factors, the interest of justice will be served by
allowing the variance.
On motion by Mr. Sawicki, seconded by Mr. Doyen, it was
RESOLVED, that Appeal No. 3036, application of RALPH L. AND JANE M.
ARMBRUST, be and hereby IS GRANTED CONDITIONAL APPROVAL FOR ONE ADDI-
TIONAL HORSE STALL, FOR A TOTAL OF THREE HORSE STALLS, SUBJECT TO THE
FOLLOWING:
That the additional horse stall (for a total of three stalls) and
accommodating horses (totaling no more than three) be used exclusively
for family members [for personal use only].
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
Southold Town Board o~ Appeals -28-
November 18, 1982 Regular Meeting
RESERVED DECISION: Appeal No. 3053.
Application of J & M REUTER CONSTRUCTION CORP., 9075 Main Bayview
Road, Southold, NY for a Variance to the Zoning Ordinance, Article III,
Section 100-31 for permission to construct new dwelling with insufficient
front and rear yard setbacks at 2705 Gillette Drive, East Marion, NY;
County Tax Map Parcel No. 1000-38-3-18.
The public hearing on this matter was held earlier this evening, at
which time the hearing was declared closed, pending deliberations.
The board made the following findings and determination:
By this application, appellant seeks permission to locate a proposed
new one-family dwelling 35' from Gillette Drive and 25' from the rearyard
property line. The lot in question has an average depth of 88.70 feet
and frontage along Gillette Drive of 115 feet. The zoning code requires
setbacks in the frontyard of 50' or the established, and in the rearyard
a minimum of 50' Due to the short depth of this parcel, it is impossible
for a new home to be constructed meeting the minimum required setbacks.
The house proposed with attached garage will have an area of approximately
1,400 square feet, and the board feels the relief requested is appropriate
and reasonable.
In considering this appeal, the board determines that the variance
request is not substantial; that the circumstances are unique; that by
allowing the variance no substantial detriment to adjoining properties
will be created; that the difficulty cannot be obviated by a method
feasible to appellant other than a variance; that the relief requested
will be in harmony with and promote the general purposes of zoning; and
in view of the manner in which the difficulty arose and in consideration
of all the above factors, the interest of justice will be served by
allowing the variance.
On motion by Mr. Douglass, seconded by Mr. Doyen, it was,
RESOLVED, that Appeal No. 3053, application of J & M REUTER CON-
STRUCTION CORP. for permission to construct new dwelling with insuffi-
cient front and rear yard setbacks, be and hereby IS APPROVED AS APPLIED.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
Southold Town Board of Appeals
-29-
November 18, 1982 Regular Meeting
RESERVED DECISION: Appeal No. 3052.
Application of J & M REUTER CONSTRUCTION CORP., 9075 Main Bayview
Road, Southold, NY for a Variance to the Zoning Ordinance, Article III,
Section 100-31 for permission to construct new dwelling with insufficient
front and rear yard setbacks at 2585 Gillette Drive, East Marion, NY;
County Tax Map Parcel No. 1000-38-3-17.
The public hearing on this application was held earlier this
evening, at which time the hearing was declared closed, pending
deliberations.
The board made the following findings and determination:
By this application, appellant seeks permission to locate a proposed
new one-family dwelling 35' from Gillette Drive and 25' from the easterly
rearyard property line. The lot in question has an average depth of 87.21
feet and frontage along Gillette Drive of 120 feet. The zoning code
requires setbacks in the frontyard of 50' or the established, and in rear-
yard a minimum of 50' Due to the short depth of this parcel, it is
impossible for a new home to be constructed meeting the minimum required
setbacks. The house proposed will have an area of approximately 1,026
square feet, and the board feels the relief requested is appropriate and
reasonable.
In considering this appeal, the board determines that the variance
request is not substantial; that the circumstances are unique; that by
allowing the variance no substantial detriment to adjoining properties
will be created; that the difficulty cannot be obviated by a method
feasible to appellant other than a variance; that the relief requested
will be in harmony with and promote the general purposes of zoning; and
in view of the manner in which the difficulty arose and in consideration
of all the above factors; the interest of justice will be served by
allowing the variance.
On motion by Mr. Douglass, seconded by Mr. Doyen, it was,
RESOLVED, that Appeal No. 3052, application of J & M REUTER CON-
STRUCTION CORP. for permission to construct new dwelling with insuffi-
cient front and rear yard setbacks, be and hereby IS APPROVED AS APPLIED.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
Southold Town Board of Appeals
-30-
November 18, 1982 Regular Meeting
RESERVED DECISION: Appeal No. 3019.
Upon application for A. BODENSTEIN and wife, by Garrett A. Strang,
as agent, 54655 Main Road, Box 1412, Southold, NY, for a Variance to the
Zoning Ordinance, Article VII, Section 100-71 for permission to construct
retail store with insufficient sideyard areas on this substandard parcel
located in this B-1 Zoned District. Location of Subject Parcel: 31855
S.R. 25, Cutchogue, NY; County Tax Map Parcel No. 1000-97-5-10.
The public hearing on this application was held on November 18,
1982. On November 8, 1982, the Planning Board gave conditional approval
of the off-street parking requirements.
The board made the following findings and determination:
By this application, appellants seek permission to build a one-story
frame retail store (antique shop) in a B-1 Zoned District. The parcel in
question has an area of approximately 13,267 square feet, with frontage
along the Main Road of 80 feet. The proposed building will have approxi-
mately 1,066 square feet (exclusive of ramp), and will be set back from
the northwesterly side property line 10 feet at its nearest point and
from the northeasterly side property line 24'6" For the record, it is
noted that the adjoining parcel on the east (presently of Mott) was
granted a setback from its easterly side line to be no less than five
feet [Appeal No. 2973, decision rendered May 7, 1982].
It is the opinion of the board that the narrowness of the existing
parcel lends itself to the difficulties in locating a building within
the required buildable area, and the board agrees with the reasoning
of appellants under the circumstances.
In considering this appeal, the board determines that the variance
request is not substantial; that the circumstances are unique; that by
allowing the variance no substantial detriment to adjoining properties
will be created; that the difficulty cannot be obviated by a method
feasible to appellant other than a variance; that the relief requested
will be in harmony with and promote the general purposes of zoning; and
in view of the manner in which the difficulty arose and in consideration
of all the above factors, the interest of justice will be served by
allowing the variance.
On motion by Mr. Douglass, seconded by Mr. Goehringer, it was
RESOLVED, that the relief applied for in Appeal No. 3019, applica-
tion for A. BODENSTEIN dated July 28, 1982, be and hereby IS APPROVED
SUBJECT TO THE FOLLOWING CONDITIONS:
1. Subject to Planning Board approval;
2. Subject to review by the Suffolk County Planning Commission
pursuant to Sections 1323, et seq. of the Suffolk County Charter.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
Southold Town Board of Appeals -31- November 18, 1982 Regular Meeting
RESERVED DECISION: Appeal No. 3048.
Upon application of ALLEN OVSIANIK, Main Road, Cutchogue, NY for a
Variance to the Zoning Ordinance, Article VII, Sections 100-70(B) [4] and
100-71 for permission to construct addition to existing gas/service station
with reduction in frontyard area in this B-1 Zoned District. Location of
Subject Parcel: Corner of S.R. 25 and Eugene Road, Cutchogue, NY; County
Tax Map Parcel No. 1000-097-02-015.
The public hearing on this application was held earlier this evening,
at which time the hearing was declared closed pending deliberations.
The board made the following findings and determination:
By this application, appellant seeks permission to construct a 16'
by 42' addition (exclusive of 2' concrete apron along west side of
addition) for use as a shop area for the existing service station. The
setback of the new addition at its nearest point with Eugene's Road is
15 feet (southwest corner). The existing service station building is
setback at its northwest corner from Eugene's Road at 19.34 feet as
indicated on site plan revised 10/2/82 submitted with this application.
In considering this appeal, the board determines that the variance
request is not substantial; that the circumstances are unique; that by
allowing the variance no substantial detriment to adjoining properties
will be created; that the difficulty cannot be obviated by a method
feasible to appellant other than a variance; that the relief requested
will be in harmony with and promote the general purposes of zoning; and
in view of the manner in which the difficulty arose and in consideration
of all the above factors, the interest of justice will be serve~ by
allowing the variance.
On motion by Mr. Sawicki, seconded by Mr. Doyen, it was
RESOLVED, that the relief requested in Appeal No. 3048, application
by ALLEN OVSIANIK for permission to construct addition with reduced
frontyard setback at 15 feet, be and hereby IS APPROVED SUBJECT TO THE
FOLLOWING CONDITIONS:
1. That the present use (service station functions) be continued
for this new addition;
2. That at no time may premises be used for more than one business;
3. That storage of vehicles is limited to the east side and south
rear yard areas [and in no event forward of the building into the
frontyard);
4. If the rear or side yard areas of premises are used for storage
of vehicles, then adequate screening shall be provided as required by
the Zoning Board of Appeals for that purpose;
5. That this variance is subject to review by the Suffolk County
Planning Commission pursuant to Sections 1323, et seq. of the Suffolk
County Charter;
6. That this variance is subject to Southold Town Planning Board
approval and requirements, if any.
Southold Town Board of Appeals -32- November 18, 1982 Regular Meeting
(Appeal No. 3048 - Allen Ovsianik,, continued:)
Location of Property: S.R. 25 and Eugene Road, Cutchogue, NY;
County Tax Map Parcel No. 1000-97-2-15.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
RESERVED DECISION: Appeal No. 3049.
Upon application of ALLEN OVSIANIK, Main Road, Cutchogue, NY for a
Special Exception to the Zoning Ordinance, Article VII, Sections 100-70(B) [4]
and 100-71 for permission to construct addition to existing gas/service sta-
tion with reduction in frontyard area in this B-1 Zoned District. Location
of Subject Parcel: Corner of S.R. 25 and Eugene Road, Cutchogue, NY; County
Tax Map Parcel No. 1000-097-02-015.
The public hearing was held earlier this evening, at which time the
hearing was declared closed, pending deliberations.
The board made the following findings and determination:
By this application, appellant seeks permission to construct a 16'
by 42' addition (exclusive of 2' concrete apron along west side of
addition) for use as a shop area for the existing service station. The
setback of the new addition at its nearest point with Eugene's Road is
15 feet (southwest corner). The existing service station building is
setback at its northwest corner from Eugene's Road at 19.34 feet as
indicated on site plan revised 10/2/82 submitted with this application.
The premises is question contains an area of approximately 14,500 square
feet, with frontage along Eugene's Road of 129 feet and along the Main
Road of 136 feet.
In considering this appeal, the board determines that the use applied
for will not alter the essential character of the neighborhood; that the
use will not prevent the orderly and reasonable use of adjacent properties
or of property in adjacent use districts; that the use will not prevent
the orderly and reasonable use of permitted or legally established uses in
the district wherein the proposed use is to be located, or of permitted
or legally established uses in the district wherein the proposed use is to
be located, or of permitted or legally established uses in adjacent-use
districts; that the safety, health, welfare, comfort, convenience and
order of the town will not be adversely affected by the proposed use and
its location; and that the interests of justice will be served by allow-
ing the variance conditionally as noted below.
On motion by Mr. Sawicki, seconded by Mr. Doyen, it was
RESOLVED, that the relief requested in Appeal No. 3049, application
by ALLEN OVSIANIK for permission to construct addition with reduced
frontyard setback at 15 feet, be and hereby IS APPROVED SUBJECT TO THE
FOLLOWING CONDITIONS:
Southold Town Board of Appeals -33- November 18, 1982 Regular Meeting
(Appeal No. 3049, Allen Ovsianik, continued:)
1. That the present use (service station functions) be continued
for this new addition;
2. That at no time may premises be used for more than one business;
3. That storage of vehicles is limited to the east side and south
rear yard areas [and in no event forward of the building into the
frontyard);
4. If the rear or side yard areas of premises are used for storage
of vehicles, then adequate screening shall be provided as required by
the Zoning Board of Appeals for that purpose;
5. That this variance is subject to review by the Suffolk County
Planning Commission pursuant to Sections 1323, et seq. of the Suffolk
County Charter;
6. That this variance is subject to Southold Town Planning Board
approval and requirements, if any.
Location of Property: S.R. 25 and Eugene Road, Cutchogue, NY;
County Tax Map Parcel No. 1000-97-2-15.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
RESERVED DECISION: Appeal No. 3051.
Upon application for ANNETTE GOLDEN CARNES, 1445 Bay Shore Road,
Greenport, NY (by A.W. Wickham, Esq.) for a Variance to the Zoning Ordi-
nance, Article III, Section 100-31 for approval of the existing pool and
deck containing lot coverage in excess of the maximum-permitted 20%.
Location of Subject Parcel: 1445 Bay Shore Road, Greenport, NY; Subdi-
vision Lots 22, 23 and part of 21, as shown on "Amended Map A of Peconic
Bay Estates"; County Tax Map Parcel No. 1000-053-04-004.
The public hearing concerning this application was held earlier
this evening, at which time the hearing was declared closed pending
deliberations.
The board made the following findings and determination:
By this application, appellant seeks approval of the construction of
an attached deck and inground swimmingpool as shown on amended map of
December 29, 1980 surveyed by R. VanTuyl. For the record, the facts
leading up to this appeal are mentioned in a prior decision of this
board concerning this construction in Appeal No. 2997, decision rendered
July 29, 1982.
The parcel in question is 19,780 square feet, and the total area
Southold Town Board of Appeals -34- November 18, 1982 Regular Meeting
(Appeal No. 3051 - Annette Golden Carnes, continued:)
of the structures on the parcel as presently exist equals 5,102 square
feet, for a total percentage of lot coverage of 25.79%.
It is the opinion of this board that under the circumstances,
practical difficulties have been shown; that the relief requested is
not substantial in relation to the code requirements; that by allow-
ing the variance no substantial detriment to adjoining properties will
be created; that the difficulty cannot be obviated by a method feasible
to appellant other than a variance; that in view of the manner in which
the difficulty arose and in consideration of all factors, the interest
of justice will be served by allowing the variance, as indicated below.
On motion by Mr. Sawicki, seconded by Mr. Douglass, it was
RESOLVED, that the relief requested in Appeal No. 3051, applica-
tion for ANNETTE GOLDEN CARNES, be and hereby IS APPROVED SUBJECT TO
PRIOR CONDITIONS OF PRIOR APPEAL NO. 2997 AND COUNTY PLANNING REVIEW
(PURSUANT TO SECTIONS 1323, ET SEQ. OF THE SUFFOLK COUNTY CHARTER.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
RESERVED DECISION: Appeal No. 3029.
Upon application for NORTH FORK BANK AND TRUST COMPANY, by Wickham,
Wickham & Bressler, P.C., Main Road, Mattituck, NY for a Variance to the
Zoning Ordinance, Article VII, Section 100-71 for permission to construct
drive-in banking facility with canopy extending into the frontyard area
at the Mattituck Shopping Center, North Side of Route 25, Mattituck, NY;
bounded north by Bethany Cemetery Association; west by Factory Avenue;
south by Ardprop Inc. and Main Rd.; east by New Bethany Cemetery; County
Tax Map Parcel No. 1000-142-1-26.
The public hearing on this application was held on October 21, 1982.
Also, for the record, this site plan proposal is on the November 30,
1982 agenda for consideration on its approval.
The board made the following findings and determination:
By this application, appellant seeks permission to construct a
27-foot canopy attached to a proposed drive-in banking facility at the
old Grants Building in the Mattituck Shopping Center. Appellant states
that the 27-foot extension will not be a solid structure, but rather a
"floating canopy" and is needed to protect the customers during bad
weather when transacting business. Appellant proposes a reduction in
landscaping necessary for the two-lane 12-car stacking area to avoid
traffic problems and a proposed new curb cut for bank-customer egress
at the southeasterly corner of the premises. Ingress is proposed at
the proposed new curb cut for deliveries into the loading area of the
old Grants Building only.
Southold Town Board of Appeals -35- November 18, 1982 Regular Meeting
(Appeal No. 3029 - North Fork Bank, continued:)
In considering this appeal, the board determines that the variance
request is not substantial; that the circumstances are unique; that by
allowing the variance no substantial detriment to adjoining properties
will be created; that the difficulty cannot be obviated by a method
feasible to appellant other than a variance; that the relief requested
will be in harmony with and promote the general purposes of zoning; and
in view of the manner in which the difficulty arose and in consideration
of all the above factors, the interest of justice will be served by
allowing the variance.
On motion by Mr. Sawicki~ seconded by Mr. Doyen, it was
RESOLVED, that the relief requested in Appeal No. 3029, applica-
tion for NORTH FORK BANK & TRUST COMPANY for permission to construct
floating canopy extension from the proposed banking facility with a
setback from the front property line at 14 feet, as shown on the site
plan revised October 29, 1982, be and hereby IS APPROVED SUBJECT TO
THE FOLLOWING:
1. Review by the Suffolk County Planning Commission pursuant to
Sections 1323, et seq. of the Suffolk County Charter;
2. Approval by the Southold Town Planning of the site plan.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
SET-UPS FOR NEXT REGULAR MEETING:
On motion by Mr. Goehringer, seconded by Mr. Douglass, it was
RESOLVED, that the following applications be and hereby are
SCHEDULED FOR PUBLIC HEARINGS TO BE HELD AT OUR NEXT REGULAR MEETING,
TO WIT, DECEMBER 16, 1982 and that the same shall be advertised
pursuant to law in the local and official newspapers of the town:
Appeal No. 2996 - Charles Nelson. Two-lot division.
Appeal No. 3011 - William Burkhardt - Re-separate two merged lots.
Appeal No. 3015 - Marguerite Wasson - Two-parcel division.
Appeal No. 3031 - Thomas Occhiogrosso. Relocate house with reduced
front, rear and side yards.
Appeal No. 3055 - Patricia A. Bailey. Re-separate merged parcels.
Appeal No. 3056 - Esther M. Williams - Enlarge porch - sideyard reduced.
Appeal No. 3057 - Donald Brennan - 280a.
Appeal No. FL-12- Donald Brennan - Flood variance.
Appeal No. 3058 - Douglas E. Murphy - Lot coverage variance.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
Southold Town Board of Appeals -36-
Novembu_ 18, 1982 Regular Meeting
BUILDING DEPARTMENT CORRESPONDENCE RE: CORNER LOTS.
After reviewing and discussing correspondence dated 10/25/82
from Victor Lessard, Executive Administrator, it was the consensus
of the board to acquiesce with Mr. Lessard's suggested manner of
interpreting, and the following resolution was adopted:
On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was
RESOLVED, that the manner of interpreting corner-lot frontyard
areas as indicated in the October 25, 1982 letter from Mr. Lessard
as Executive Administrator is hereby .qcquiesced, provided all other
zoning setbacks are complied with.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
ENVIRONMENTAL DECLARATIONS:
On motion by Mr. Goehringer, seconded by Mr. Douglass, it was
RESOLVED, to declare the following. Negative Environmental Declara-
tions on each of the following applications, pursuant to the rules and
regulations of the N.Y.S. Environmental Quality Review Act:
APPEAL NO. 2996.
PROJECT NAME: Charles Nelson.
This notice is issued pursuant to Part 617 (and Local Law #44-4)
of the implementing regulations pertaining to Article 8 of the State
Environmental Quality Review Act of the Environmental Quality Review
Act of the Environmental Conservation Law.
This board determines the within project not to have a significant
adverse effect on the environment. Also, please take notice that this
declaration should not be considered a determination made for any other
department or agency which may also have an application pending for the
same or similar project.
TYPE OF ACTION: [X] Type II
DESCRIPTION OF ACTION: To establish two legal building lots, each
having insufficient area and width.
LOCATION: Wabasso Street, Southold, NY; County Tax Map Parcel No.
1000-78-3-34 and 36.
REASONS 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 implemented as planned.
(2) The premises in question is not located within 300 feet to tidal
wetlands or other critical environmental area.
Southold Town Board ~ Appeals -37- Novem ~r 18, 1982 Regular Meeting
APPEAL NO.: 3011
PROJECT NAME: WILLIAM BURKHARDT
This notice is issued pursuant to Part 617 (and Local Law #44-4)
of the implementing regulations pertaining to Article 8 of the State
Environmental Quality Review Act of the Environmental Conservation Law.
This board determines the within project not to have a significant
adverse effect on the environment. Also, please take notice that this
declaration should not be considered a determination made for any other
department or agency which may also have an application pending for the
same or similar project.
TYPE OF ACTION: [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Reestablish two legal building lots, each
having insufficient area and width.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: Wabasso Street, Southold, NY; 1000-78-3-39 & 41.
REASON IS)~SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the Short Form has been sub-
mitted which indicates that no significant adverse effects to the
environment are likely to occur should this project be implemented as
planned.
(2) The premises is not located within 300 feet of tidal wetlands.
APPEAL NO.: 3015
PROJECT NAME: MARGUERITE WASSON
This notice islissued pursuant to Part 617 (and Local Law #44-4)
of the implementing regulations pertaining to Article 8 of the State
Environmental Quality Review Act of the Environmental Conservation Law.
This board determines the within project not to have a significant
adverse effect on the environment. Also, please take notice that this
declaration should not be considered a determination made for any other
department or agency which may also have an application pending for the
same or similar project[
TYPE OF ACTION: [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Establish each existing house on a legal
building parcel, having insufficient area and width.
LOCATION OF PROJECT: Town of Southo!d, County of Suffolk, more
particularly known as: Great Peconic Bay Boulevard, Laurel, NY;
1000-126-09-013..01.
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the Short Form has been sub-
mitted which indicates that no significant adverse effects to the
environment are likely to occur should this project be implemented as
planned.
Southold Town Board Appeals -38-
(Environmental Declarations, continued:)
APPEAL NO.: 3055
PROJECT NAME: PATRICIA A. BAILEY
Nover ir 18, 1982 Regular Meeting
This notice is issued pursuant to Part 617 (and Local Law #44-4)
of the implementing regulations pertaining to Article 8 of the State
Environmental Quality Review Act of the Environmental Conservation Law.
This board determines the within project not to have a significant
adverse effect on the environment. Also, pleas--~-take notice that this
declaration should not be considered a determination made for any other
department or agency which may also have an application pending for the
same or similar project.
TYPE OF ACTION: [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Reestablish legal pbuilding parcels as
existed prior to the 1971 change in area requirements, Lot #2 having
insufficient area and Lot #3 having insufficient road 'f~tage.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: Skunk Lane and Leslie's Road, Cutchogue, NY;
1000-97-4-11, 12 and 17.
REASONS) ..SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the Short Form has been sub-
mitted which indicates that no significant adverse effects to the
environment are likely to occur should this project be implemented as
planned.
APPEAL NO.: 3056
PROJECT NAPIE: ESTHER M. WILLIAMS
This notice is issued pursuant to Part 617 (and Local Law #44-4)
of the implementing regulations pertaining to Article 8 of the State
Environmental Quality Review Act of the Environmental Conservation Law.
This board determines the within project not to have a significant
adverse effect on the environment. Also, please take 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 project2
TYPE OF ACTION: [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Construct addition to existing residence
with insufficient sideyards.
LOCATION OF PROJECT: Town of Southotd, County of Suffolk, more
particularly known as: W/s Mechanic Street, Southold, NY; 1000-061-
04-013.
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the Short Form has been sub-
mitted which indicates that no significant adverse effects to the
environment are likely to occur should this project be implemented as
planned.
Southold Town Board Appeals -39-
(Environmental Declarations, continued:)
APPEAL NO.: 3057
PROJECT NAME: DONALD BRENNAN
Noven
18, 1982 Regular Meeting
This notice is issued pursuant to Part 617 (and Local Law #44-4)
of the implementing regulations pertaining to Article 8 of the State
Environmental Quality Review Act of the Environmental Conservation Law.
This board determines the within project not to have a significant
adverse effect on the environment. Also, please take notice that this
declaration should not be considered a determination made for any other
department or agency which may also have an application pending for the
same or similar project.
TYPE OF ACTION: [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Approval of Access over a private right-
of-way.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: 10090 New Suffolk Avenue, Mattituck, NY;
1000-116-06-002.
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the Short Form has been sub-
mitted which indicates that no significant adverse effects to the
environment are likely to occur should this project be implemented as
planned.
APPEAL NO.: FL-12
PROJECT NAME: DONALD BRENNAN
This notice is issued pursuant to Part 617 (and Local Law #44-4)
of the implementing regulations pertaining to Article 8 of the State
Environmental Quality Review Act of the Environmental Conservation Law.
This board determines the within project not to have a significant
adverse effect on the environment. Also, please take 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 project2
TYPE OF ACTION: [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Flood Variance for permission to utilize
basement for utilities below the minimum required elevation above mean
sea level in this A-4 Flood Zone. '-
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: 10090 New Suffolk Avenue (on a private road)
Mattituck, NY; 1000-116-06-002. '
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the Short Form has been sub-
mitted which indicates that no significant adverse effects to the
environment are likely to occur should this project be implemented as
planned.
. Southold Town Board ~- Appeals -40- NovemP~ 18, 1982 Regular Meeting
APPEAL NO.: 3031.
PROJECT NAME: THOMAS OCCHIOGROSSO.
This notice is issued pursuant to Part 617 (and Local Law #44-4)
of the implementing regulations pertaining to Article 8 of the State
Environmental Quality Review Act of the Environmental Conservation Law.
This board determines the within project not to have a significant
adverse effect on the environment. Also, please take 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: To relocate new proposed dwelling with
insufficient front, rear and side yard setbacks.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: 1580 Corey Creek Lane Southold, NY;
1000-78-4-19. '
REASON(S) SUPPORTING THIS DETEk~INATION:
(1) An'Environmental Assessment in the Short Form has been sub-
mitted which indicates that no significant adverse effects to the
environment are likely to occur should this project be implemented as
planned.
(2) Approval concerning this new proposed location has been
obtained from the N.Y.S. Department of Environmental Conservation
dated November 1, 1982 under Permit No. 10-82-0326.
APPEAL NO.: 3058
PROJECT NAME: DOUGLAS E. MURPHY
This notice is issued pursuant to Part 617 (and Local Law #44-4)
of the implementing regulations pertaining to Article 8 of the State
Environmental Quality Review Act of the Environmental Conservation Law.
This board determines the within project not to have a significant
adverse effect on the environment. Also, please take notice that this
declaration should not be considered a determination made for any other
department or agency which may also have an application pending for the
same or similar project.
TYPE OF ACTION: [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Construct addition to dwelling which exceeds
20% allowable lot coverage requirement.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: 437 Seventh Street, Greenport, NY; 1000-048-01-35.
GreenpOrt D~v,e. Park Subdivision Map No. 548, part of Lot #35.
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the Short Form has been sub-
mitted which indicates that no significant adverse effects to the
environment are likely to occur should this project be implemented as
planned.
Southold Town Board of Appeals -41-
November 18, 1982 Regular Meeting
Being there was no further business properly coming before the
board at this time, the Chairman declared the meeting closed at
approximately 11:35 p.m.
Respectfully submitted,
Linda F. Kowalski, Secretary
Southold Town Board of Appeals