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Home My WebLink AboutZBA-10/21/1982Southold Town Board of Appeals MAIN ROAD- STATE ROAD ~-5 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR SERGE DOYEN, JR ROBERT J. DOUGLASS JOSEPH H. SAWICKI MINUTES REGULAR MEETING OCTOBER 21, 1982 A Regular Meeting of the Southold Town Board of Appeals was held on Thursday, October 21, 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; Charles Grigonis, Jr.; Serge Doyen; Robert J. Douglass and Joseph H. Sawicki. Also present were: Mr. Victor Lessard, Exec. Administrator (Building Department); Mrs. Ruth Oliva, North Fork Environmental Council; Mrs. Shirley Bachrach, League of Women Voters; Mrs. Lydia Tortora for L.I. Traveler-Watchman. PUBLIC HEARING: Appeal No. 3037. Application for MARTIN AND ALMA SUTER by Garrett A. Strang, Box 1412, Southold, NY for a Variance for approval of access pursuant to New York Town Law, Section 280-a. Location: Right-of-way off the south side of New Suffolk Avenue, Mattituck; bounded north, east and west by H. Alvin Smith & Co. and south by the Bay; County Tax Map Parcel No. 1000-115-17-18. The Chairman opened the hearing at 7:30 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of the survey dated June 30, 1967 and amended on May 13, 1982 and June 25, 1982 by Roderick Van Tuyl and Son indicating this parcel and the nature of the right-of-way. We also have a copy of the Suffolk County Tax Map indicating this parcel and surrounding properties in the area. Mr. Strang, would you like to say something in behalf of your clients? GARRETT A. STRANG: Well, essentially, I guess, we're filing this appeal as a formality to approve a right-of-way that is for access to the lot which has existed and being traveled at this time. The 50-foot right-of-way from New Suffolk Avenue as I understand it from the Building Department has previously been approved, and what we're looking for is an extension of that right-of-way 30 feet wide as shown on the survey. Southold Town Board of Appeals -2- October 21, 1982 Regular Meeting (Appeal No. 3037 - Martin and Alma Suter, continued:) MR. CHAIRMAN: Thank you. Anything else? Would anybody else like to speak in behalf of the application? Judge. JUDGE SUTER: I would like to say we would appreciate it if it were expedited because we were long delayed. And I have a survey going back to 1917 showing it's been in use and we've used it ever since...winter, summer, fall...no problems and it was also brought up to meet town spec's of 4" of bluestone. MR. CHAIRMAN: Thank you very much. Does anybody else wish to speak in behalf of the application? Against the application? Any questions from any board members? (None) Hearing no further questions, I'll make a motion closing the hearing and reserving decision until a later date. MEMBER GRIGONIS: Second. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 3037, Martin and Alma Suter. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3047. Application for ALEXANDER GAS- TON by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory storage shed in the sideyard area. Location: Minor Subdivision of Sturges, Map No. 144, Subd. Lots 1 and 2; Private Road, Fishers Island, NY; County Tax Map Parcel No. 1000-10-6-13.1 and 14.1. The Chairman opened the hearing at 7:35 and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a survey prepared on April 20, 1~82 which shows the 5.14 acres, and we have a copy of the Suffolk County Tax Map showing this parcel and the surrounding parcels. Mr. Brue r. RUDOLPH H. BRUER, ESQ.: I believe the application pretty much speaks for itself. I think the board has in some way investigated the property and looked at it. To refresh your recollection, the property is quite large, fronts basically on the Block Island Sound, and to have a shed up here I don't think would disturb the quality of the neighborhood or whatever. I think it's appropriate due to the size of the property. You might also note, I don't know if the file reflects it, that the D.E.C. has indicated that they are assuming no jurisdiction here due to the elevation. MR. CHAIRMAN: I think we have a copy of that. Southold Town Board of Appeals -3- October 21, 1982 Regular Meeting (Appeal No. 3047 - Alexander Gaston, continued:) MR. BRUER: I believe you do. And I respectfully request that the board grant it, again as soon as possible. MR. CHAIR~N: Thank you very much. MR. BRUER: Thank you for hearing this. MR. CHAIR~N: Does anybody else like to be heard in behalf of this application? Anybody 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 until later. 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. 3047, ALEXANDER GASTON. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3036. 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: 840 Manor Hill Lane, Cutchogue; bounded northwest by Schwarz; west by Cross Right-of-Way; south by Sheehan; northeast by Cross; more particularly known as County Tax Map Parcel NO. 1000-108-3-13.11. The Chairman opened the hearing at 7:40 p.m. and read the legal notice of hearina in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a sketch of a survey indicating the placement of the house, the present stalls and a pencilled-in sketch of the proposed stalls on both sides. We also have a copy of the County Tax Map indicating this property and the surrounding proper- ties in the area. Would you like to say something in behalf of your application? MRS. ARMBRUST: I think you have covered everything. You gentlemen have been down there to see the place. At the time, as you know we have a third horse on the premises so we would greatly appreciate expediency especially as the foul weather approaches. We'd like to get things done. MR. CHAIRMAN: You have three horses of your own right now, presently, and you're to retain one more horse? MR. ARMBRUST: Yes. MRS. ARMBRUST: As a possibility-- it's not definite. MR. CHAIRMAN: For all members of the family? Southold Town Board of Appeals -4- October 21, 1982 Regular Meeting (Appeal No. 3036 - Ralph L. and Jane M. Armbrust, continued:) MRS. ARMBRUST: Yes. It's no business, that's for sure. They're involved in 4-H, the children, you know. MR. CHAIRMAN: Ok. Is there anybody else that would like to speak in behalf of the application? Anybody against the application? Any questions from any board members? (None) Hearing no further questions, I'll make a motion closing the hearing and reserving decision until a later date. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close the Rearing and reserve decision until a later date in the matter of Appeal No. 3036, Ralph L. and Jane M. Armbrust. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3038. Application for MICHAEL AND ANNETTE COLLINS by William J. Jacobs, Builder, Depot Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31 for permission to construct deck addition to dwelling reducing the rearyard setback. Location: 515 Orchard Street, New Suffolk, NY; bounded north by Urbanowski; west by Cusumano; south by Orchard Street; east by Tuthill; County Tax Map Parcel No. 1000-117-5-33. 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: We have a copy of a sketch of a survey indicating the placement of the house and the proposed deck. We also have a copy of the Suffolk County Tax Map indicating this parcel and the surrounding parcels. Mr. Jacobs? WILLI~4 J. JACOBS: I think the application pretty well covers it, I guess, but I did want to clarify one thing...on the west is a Joseph Bajenski instead of the other name you have there (Cusumano). And I had spoken to him, and everything is cleared up with him, and he has a chance to come in if he wants to. He got the letter any how. That's it. This deck is all we're looking for. MR. CHAIRMAN: This deck is to be 10' by 18½', is that correct? MR. JACOBS: Right. MR. CHAIRMAN: Is there a possibility that you could supply us within the next few days a total square footage area of the entire parcel of property? Not where they are, but what the square footage is. MR. JACOBS: Uh-huh. MR. CHAIRMAN: So we're talking about the garage and the 1½-story building and there's a proposed extension or something mentioned in here. You can just call our secretary and give us that. Southold Town Board of Appeals -5- October 21, 1982 Regular Meeting (Appeal No. 3038 - Michael and Annette Collins, continued:) MR. JACOBS: It is written down on the building department (Disapproval form). Right at the bottom. MR. CHAIRMAN: Ok. Total, 1261. That answers our question. MR. CHAIRMAN: Is there anybody else that would like to be heard in behalf of this application? (None) Anybody against the applica- tion? (None) Any comments from any board members? (None) I'll make a motion closing the hearing and reserving decision until later. MEMBER DOUGLASS. Second. 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. 3038, application of Michael and Annette Collins. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3040 - JOSEPH D. BURRUANO. on Page 6). (Continued Southold Town Board c~ Appeals -6- Octobe~ 21, 1982 Regular Meeting PUBLIC HEARING: Appeal No. 3040. Upon application of JOSEPH D. BURRUANO, 39 Salem Road, Rockville Centre, NY 11570 for a Variance for approval of access pursuant to New York Town Law, Section 280-a. Location: Ford's Road (Private Road #9), Southold, NY; subject parcel bounded on the north, east and south by Lavinia; southwest by Wittmer; west by Krupski, Comm. of Welfare, and Crane; County Tax Map Parcel No. 1000-87-1-13. The Chairman opened the hearing at 7:51 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a sketch indicating this parcel and a copy of the County Tax Map indicating this property and the surrounding properties in the area and the right-of-way in question. Is there somebody that would like to be heard in behalf of this application? INGEBURG FLYNN: My name is Ingeburg Flynn and I am associated with Arthur Sharp Realty, and Mr. Burruano asked me to be here. He was called out of town. In case you have any questions, maybe I could answer. MR. CHAIRMAN: Thank you. Is there anybody else that would like to be heard in behalf of the application? Anybody like to be heard against the application? Any questions from any board members? Is there anything you would like to say in general? MS. FLYNN: We spoke to Mrs. LaVinia and there was a question of the right-of-way not being the same right-of-way the town has on record. Mrs. LaVinia at a later time has given these particular parcels the same right-of-way every other homeowner enjoys in that area of Mrs. LaVinia herself. And Mrs. LaVinia has recorded it and Mr. Burruano today asked his title company to search the title to see that the right-of-way is also given to his property which Mrs. Lavinia said she did give to Mr. DeMaria, although Mr. DeMaria never recorded it. So we tried to establish that through Mrs. LaVinia who is at the moment in Florida and it is a little bit hard to get all the papers together. MR. CHAIRMAN: Thank you very much. MS. FLYNN: I'm talking about the right-of-way behind the, what we call it, the "eel man," which is directly off South Harbor Road. MR. CHAI~V~AN: Thank you. Hearing no further comments, I'll make a motion closing the hearing and reserving decision until later. On motion by Mr. Goehringer, seconded b Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision until later in the matter of JOSEPH D. BURRUANO, Appeal No. 3040. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals -7- October 21, 1982 Regular Meeting PUBLIC HEARING: Appeal No. 3042. Application for ANDREW PAFITIS by Inland Homes, Inc. as agent, 315 Westphalia Road, Mattituck, NY for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31 for permission to construct one-family dwelling with an insuffi- cient rearyard setback at 1800 Gillette Drive East, East Marion, NY; bounded north by Manor Grove Corp.; west by J & M Reuter; south by Ruggiero; east by Gillette Drive East; County Tax Map Parcel No. 1000- 38-3-22. 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: We have a copy of a survey produced by Young and Young dated August 5, 1982 indicating the placement of the proposed house, which has approximately 35' setback from Gillette Drive, a 38' sideyard on one side and 23' on the other side yard, and a reduction of the rear yard to 22'. We also have a copy of County Tax Map indicating this parcel and the surrounding parcels. Is there somebody that would like to say something in behalf of this application, Mrs. Heinz? MRS. HEINZ: Mr. Hiltz couldn't be with us this evening, and he felt because of the insufficient rearyard setback that this would not change the appearance. MR. CHAIRMAN: That part that's drawn-in in pen, is that the deck? MR. HEINZ: Yes. High deck. MR. CHAIRMAN: Ok. Is there anything the Pafitises would like to say? MR. PAFITIS: Well, we wish to get a permit. That is the only thing we have to say. MR. CHAIRMAN: Thank you. Is there anybody else that would like to be heard in behalf of this application? Anybody against the applica- tion? (None) Hearing no further comments, I'll make a motion closing the hearing a reserving decision. MEMBER DOUGLASS: Second. 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. 3042, application for Andrew ?afitis. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals -8- October 21, 1982 Regular Meeting PUBLIC HEARING: Appeal No. 3043. Application of GUS KYRKOSTAS by William B. Smith as agent, Mechanic Street, Southold, NY for a Variance for approval of access pursuant to New York Town Law, Section 280-a. Location: Right-of-way off the north side of Main Road, Orient, NY; subject parcel being bounded on the north by the Bay; west by Wilsberg; south by Reese; east by Demarest; County Tax Map Parcel No. 1000-13-2-4. The Chairman opened the hearing at 8:02 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a survey produced on June 6, 1967 by Roderick VanTuyl, P.C. indicating the 3.135 acres and a long right- of-way leading to it from Main Road, and a copy of the Suffolk County Tax Map indicating this property and the surrounding properties in the area. Is there anybody that would like to be heard in behalf of this application? Mr. Smith? WILLIAM B. SMITH: I'm William Smith, the agent for Mr. Kyskostas, who is here tonight with his attorney, Mr. McGlynn. I filed all the papers. I have found out from Mr. Demarest, who is here tonight, that I did not notify Mrs. Demarest, his mother, who owns a house next to this property. When I did file the application, I had a few hours to do it to meet the deadline, as Mrs. Kowalski can tell you, and I was remiss in not knowing that Mrs. Demarest's property was not in with the Demarest farm. I just didn't think of it. However, Mr. McGlynn here can fill you in on anything else you would like to know. MR. McGLYNN: On behalf of Mr. Smith and Mr. Kyrkostas, I'd like to point out that number one, this is only to service a single dwelling... it's not multiply used by a number of dwellings which would of the nature limit its usage. Number two, it's not a newly created situation. The right-of-way itself was imposed by deed dated March 27, 1941, at which time the Wenzels, a well-known name in courts and whatnot, took title. So that the right-of-way itself connecting the two properties has a long-term existence. It's not a newly or recently created situation. Aside from that, where there's an extension over the land of Mr. Kyrkostas of the continuing 10-foot right-of-way, from the northerly of his parcel to the southerly line, which is the northerly line of Main Road, it is proposed as part of the same application that the 10 feet be continued from the northerly end of Mr. Kyrkostas' parcel to said Main Road. I might point out, that, of course, to be removed, subject to your consideration, you will find towards the northeast corner of the parcel an existing garage, so that the usage of that area will be in common with what it has been used for in the past; that is, an access from Main Road along the easterly line of the property, the 10' width, to access to the garage area...so that the very usage itself is not being...not in opposition or against what it had been used in the past. It's again, not newly created because of the use in the past. So I think combining the two and keeping in mind it's only in view of a single-family dwelling that we ask consideration of same as being a hardship. Thank you. MR. CHAIRMAN: Thank you. Can I ask Mr. Demarest a question? Mr. Demarest, sir, would you like us to not close this hearing and Southold Town Board ox Appeals -9- October 21, 1982 Regular Meeting (Appeal No. 3043 - Gus Kyrkostas, continued:) MR. CHAIRMAN continued: allow your mother to come down and voice her opinion concerning this application? MR. DEMAREST: My mother is 86, she wouldn't come down. Her only concern is that there's a stone wall now between the two properties and she is concerned that they might possibly take the stone wall down. MR. CHAIRMAN: Where is that stone wall, sir? MR. DEMAREST: It starts at the northerly side of the Main Road and goes back back approximately half way on the property on the Main Road. MR. CHAIRMAN: Thank you. MR. McGLYNN: That would be the only concern. May I ask your indulgence for one moment. I just spoke to Mr. Kyrkostas...my recollection of Mr. VanTuyl's map would be that it's substantially on the Demarest side, but Mr. Kyrkostas is willing to extend the riQht-of-way--- (MR. DEMAREST: Well, that wall was built...there's a wall on either, stone wall on either side of the property. MR. McGLYNN: Well, Mr. Demarest, I'm saying that Mr. Kyrkostas will extend 10 feet from that wall and will in no way disturb the wall, because it only applies to the front portion of the property which is still retained by Mr. Kyrkostas, and we will conform with the condition that we shall in no way impose upon that wall, and we shall extend from the wall over and not disturb same. That's not our intention. It is my reading of the survey that it would indicate to me that the map, I should say, that it really according to the map extends mostly on the Demarest side. And I could be wrong...you know the land better than I. But we will make a 10-foot allowance from the wall and in no way disturb the wall. And we'd ask that a condition be made because we intend to live by it if it meets with your approval. MR. CHAIRMAN: Thank you, sir. Is there anybody else that would like to be heard in behalf of this application? Anybody like to be heard against the application? Any questions from any board members? (None) Hearing no further questions, I'll close the hearing and reserve 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. 3043, application of GUS KYRKOSTAS. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals -10- October 21, 1982 Regular Meeting PUBLIC HEARING: Appeal No. 3044. Application for NICHOLAS W. IPPOLITO by Gary Flanner Olsen, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Sec- tion 100-31 for permission to construct addition with reduced rearyard setback at 235 Carol Road, Southold, NY; bounded north by Stachtiaris; west by VIP Inns; south by Hass; east by Arshamomaque Pond; County Tax Map Parcel No. 1000-52-2-7. The Chairman opened the hearing at 8:05 p.m.and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a sketch of a survey mapped August 18, 1976 indicating the nature of the parcel and the positioning of the proposed addition. We also have a copy of the County Tax Map indicating this parcel and the surrounding parcels in the area. Would you like to be heard in behalf of this application, Mr. Olsen? GARY FLANNER OLSEN, ESQ.: Gary Flanner Olsen, representing Mr. Ippolito. The lot is approximately 50' wide by 100' deep, actually a little more than that, so it's a little more than 5,000 square feet. Right now the existing house, contrary to what's shown on your sketch, the dimensions have been reversed, the width of the house along Carole Avenue, Carole Road, is 28 feet and the depth of it is 24 feet. What Mr. Ippolito proposes to do is to add an extension to the rear of the house, which would be on the harbor side...the east side of the house, an extension 12' wide by 28' or 12' deep by 28' wide. The existing house now has an area of 672 feet. The addition would make the total area of the house exceed the present minimum housing code requirement which I think would be a benefit for the town, the proposed house would then would be 1,008 square feet. He is still within the 20% area requirements. The only variance that we're looking for is a rearyard variance. The rearyard now is approximately 40 feet and with the addi- tion it would be approximately reduced to 28 feet. But again the east side of the property has the Cove on it, so I can't that it's really a substantial change from the requirements of the zoning code. As I understand it, the property immediately to the south has a house basically the same size as the existing Ippolito house but also has the deck extending out maybe an additional 10 feet or so, so that it would be generally in keeping with the character of the house immediately south. Again, it's not going to change the character of the neighborhood. It would bring a house up, that's now undersized, from 672 to over 1,000 square feet. I think it's not going to change the character of the neighborhood and in fact, probably would approve it. Mr. Ippolito's plans are now to change the house from basically what's a summer cottage to a yearround house. MR. CHAIRMAN: Did you give me the square footage of the lot? MR. OLSEN: The lot is basically 50 by 100. MR. CHAIRMAN: It's 50 by 100 pretty much on all sides? MR. OLSEN: Actually it's a little bit bigger because as I under- stand it, there's a beach that extends east of the bulkhead. I also Southold Town Board of Appeals -11- October 21, 1982 Regular Meeting (Appeal No. 3044 - Nicholas W. Ippolito, continued:) MR. OLSEN continued: wanted to just bring to your attention that we do have a letter from the D.E.C. dated July 30, 1982 indicating that because it's being constructed behind a bulkhead, that we don't have to get a permit from the D.E.C. If you don't have a copy of that, I'll give it to you. I think you have a copy of it. MR. CHAIRMAN: We do. Yes. This is all addition. There is no deck or anything involved in it? MR. OLSEN: No. It would be, right now, that the house has two bedrooms, a living room, a kitchen and a bath, and wants to extend the existing living room and extend the bedroom and also give some dining area to the house for yearround use. MR. CHAIRMAN: What you're in effect saying is, that you are-- and correct me if I'm wrong, that you're exceeding the lot coverage by eight feet, is that correct? MR. OLSEN: I have a feeling we're not even doing that, because I think it's a odd-shaped piece. There's a little triangular section. We're probably right in the ballpark on the 20% area. If anything, it's only eight feet differential. MR. CHAIRMAN: Is there anybody else that would like to be heard on this application? Anybody against the application? Any comments from any board members? (None) Hearing no further comments, I'll make a motion closing the hearing and reserving decision until later. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 3044, application of Nicholas W. Ippolito until later. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3045. Application of BRIGITTE GIBBONS, 3475 Ole Jule Lane, Mattituck, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient sideyard area at 3475 Ole Jule Lane, Mattituck, NY; bounded north by Schiller; west by Battersby; south by Ole Jule Lane; east by Wilsberg; County Tax Map Parcel No. 1000-122- 5-20. The Chairman opened the hearing at 8:18 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIR~N: We have a copy of a survey prepared 8/29/63 by Otto VanTuyl showing this particular parcel and a copy of the County Tax Southold Town Board of Appeals -12- October 21, 1982 Regular Meetin¢ (Appeal No. 3044 - Nicholas W. Ippolito, continued:) MR. CHAIRMAN continued: Map showing this parcel and the surrounding properties in the area. Is there anyone wishing to speak in behalf of the application? MR. GIBBONS: Thank you. I think because the application was so wordy, I don't really have too much to add to it. I did want to note also that Mr. Battersby has given us a letter indicating no objection, and I spoke with Mr. Wilsberg and the Schillers, and none of which whom has any objection. Again basically our only reason to get an adjunct for our existing garage is because of the fact that we have two cars and both have been re-painted because of the rusty conditions. We would like to preserve them as best we can for a few more years and we think the best way to do that would be to add onto the garage. Hopefully there will be no objection from any of the neighbors. That's really all I have to say. MR. CHAIRMAN: You're proposing an ll-foot garage in width, so it will reduce your rearyard...excuse me, your sideyard, at the narrowest point to 7 feet, is that correct? MR. GIBBONS: Yes. That is correct, sir. MR. CHAIRMAN: 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) Hear- ing no further questions, I'll make a motion closing the hearing and reserving decision. On motion by Mr. Goehringer, seconded by Messrs. Douglass and Grigonis, it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 3044, application of Nicholas W. Ippolito. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3029. Application for NORTH FORK BANK & TRUST COMPANY by Wickham, Wickham & Bressler, P.C., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Bulk Schedule, 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 Assoc.; west by Factory Avenue; south by Ardprop Inc. and Main Road; east by New Bethany Cemetery; County Tax Map Parcel No. 1000-142-1-26. The Chairman opened the hearing at 8:29 p.m. and read the legal notice ~ of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a sketch plan indicating the Southold Town Board of Appeals -13- October 21, 1982 Regular Meeting (Appeal No. 3029 - North Fork Bank, continued:) MR. CHAIRMAN continued: proposed reduction in the Mattituck Shoppinq Center and a copy of the Suffolk County Tax Map indicating this property and the surrounding area. Miss Wickham, would you like to be heard in behalf of this application? ABIGAIL A. WICKHAM, ESQ.: Yes, thank you. First of all I would like to thank the board for scheduling this matter tonight. We do have to go back hopefully for final approva'l with the Planning Board, but I do appreciate your putting it on the agenda. Just a minute, while I get my notes out. At the last hearing, I went through quite a bit of detail as to why the Mattituck Shopping Center location was decided to be the most feasible location for a drive-in facility on the Main Road part of Mattituck, and why we felt it necessary to move over there and phase out the Love Lane facility, which has caused traffic problems. And I'd like to ask that we refer if we could to that record without my having to repeat it all. We felt that it did make the most sense from centralized traffic planning for the reasons stated at that hearing. But as you also know, several alternative locations within the center were considered, and after the last hearing before this board, we did eventually avail upon Mr. Cardinale to allow us to lease a portion of the Shopping Center at the southwest corner of the former-Grants building. Outside of the actual building in the, what is now a sidewalk area under the existing overhang. This location was selected pursuant to a suggestion made by the Planning Board. The plan that is before you is essentially the same as the variance that you approved in Appeal No. 2889 with the exception that this is a drive-in facility only, so we will not have a full-scale branch operation there. And it is also located slightly west of the building proposed in that application. The size of the building is about 16 by 35 and it's designed to be located under the existing overhang of the former-Grants building. The canopy itself will be 20 feet wide and 27 feet long and will extend out to 14 feet from the front line. And I would like to amend the written application to that extent. I think is shown -- I have a revised plan here which I will furnish to you which would show that distance. So I can submit that. It also has something that the Planning Board was concerned about, reverting the elimination of retail sales areas in order to compensate for the reduction of parking area and the alternate location there shown is the one that will be eliminated. The building itself, drive-in building, will be even with the existing building and located about 41 feet from the front line, so there's no variance problem there. It's merely the overhang, which is going to intrude into the frontyard area. We have preliminary approval from the Department of Transportation of New York State pending their receipt of the final map, and I believe that after some juggling around with site plans and what not, the certification of the Building Department has been obtained as to the reduction of parking area. South~ld Town Board o~ Appeals -14- October 21, 1982 Regular Meeting MS. WICKHAM continued: (Appeal No. 3029 - North Fork Bank) I'd like to ask Mr. Fickeissen, who is here with me tonight, to briefly describe the canopy itself since that's the subject of the variance. MR. FICKEISSEN: The canopy itself will extend out 27 feet from the existing building will be 20 feet wide. It'll be-- we're setting up for a double driveway in which two islands with (key -- ) out there, and it is necessary to have those (keyoughs ?) covered. The machinery itself, if it's closed, will withstand the weather. But if it's open and moisture and get's in there, it just ties up the tubes. You put a carrier in there, and it starts to go and it stops because of the moisture. That's the necessity of the overhang. The canopy would be supported by two piers out on the second island as shown on the map. It'll be of light weight construction with metal facing on it which will match the existing building. MS. WICKHAM: I just got from the architect today a preliminary rendition of what the building is going to look like...it doesn't have any landscape or anything, but it's been designed to try and blend into the building itself so that it'll be of minimal visual impact...certainly if you had any suggestions, we'd be glad to give them, and take them into account. I realize a blueprint is sort of lacks something of what the real flavor of the building is going to look like, but it has been designed so that it will blend into the building. There will also be a two-foot band of landscaping around the building itself on all the exposed sides. MR. CHAIRMAN: Do you have any idea with reference to height, how high you're going to be? MS. WICKHAM: It's the same height as the over-- it's right over the overhang. MR. FICKEISSEN: Eleven feet or more on that. MS. WICKHAM: I think it's 11 or 12 feet high. MR. CHAIRMAN: You will be posting signs for trucks and such? MR. FICKEISSEN: Yes. MR. CHAIRMAN: I'm sure you don't want to lose it. MS. WICKHAM: No. We'd also want...this would probably be a new subject of another matter, but we would want some minimal directional signs possibly on the pavement and whatnot to indicate where the people are going to go so they don't end up in the same place. And the Department of Transportation has requested some markings as well. MR. CHAIR~AN: Can we keep this? MS. WICKHAM: That is a preliminary plan. MR. CHAIRMAN: Right. Southold Town Board of Appeals -15- October 21, 1982 Regular Meeting (Appeal No. 3029 - North Fork Bank, continued:) MS. WICKHAM: If you have any questions or if you have any questions of Mr. Cardinale...he told me he couldn't be here tonight...he has another meeting, but I have a number where he can be reached, so, if you want me to get in touch with him. I'd also like to mention that this whole process has taken quite some time, and certainly a fault of your board by any means, but we are facing weather problems and hope to be on the next Planning Board agenda for the final approval, and we hope that any decision by the board will be made as soon as possible. I mean you've been very accommodating in the past. MR. CHAIR~N: Thank you very much. Is there anybody else that would like to be heard in behalf of this application? Against the application? I almost hate to close this one-- MS. WICKHAM: I would like to request that we be allowed to submit the final map once the Planning Board has looked at it. I didn't want to keep cluttering up your files for that. MR. CHAIRMAN: Ok, then we'll close the hearing subject to receipt of the final map. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to close the hearinq .s.ubject to receipt of the final m~ in the matter of Appeal No. 3029, North Fork Bank & Trust Co. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3046. Application for MR. AND MRS. DONALD SHAW by Environment East Inc., 3075 Indian Neck Lane, Peconic, NY for a Variance for approval of access, New York Town Law, Section 280-a. Location: Rights-of-Way located off the east side of Jack- son's Landing Road (referred to as Miller's, Young's and Wick's Rights-of-Way), Mattituck, NY; subject parcel known as 1080 Private Road #15 [Wick's Road]; bounded on the north by Manos; east by Manos, Right-of-Way, and Roundtree; south by Howard's Branch of Mattituck Creek; east by Schipani, Davis, McCarthy and Rohren; County Tax Map Parcel No. 1000-113-6-15. The Chairman opened the hearing at 8:42 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a survey, surveyed 9/12/40 conveyed to Donald F. and Dorothy R. Sander Shaw July 25, 1974, and I have a cooy of the Suffolk County Tax Map indicating this property and the surrounding properties in the area. Peter, would you like to be heard in behalf of this application? PETER STOUTENBURGH: I would, thank you. These are not quite as impressive as Mrs. Wickham's but they are an update. (Submitted three copies of a survey updated October 21, 1982.) They were not available Southold Town Board of Appeals -16- (Appeal No. 3046 - Donald Shaw, continued:) October 21, 1982 Regular Meeting MR. STOUTENBURGH continued: at the time. And they just showed the location of the dwelling and the exterior of the proposed family room that we would like to add on to this dwelling. It has been used by the Shaws for many, many years. It was inherited by them, and I was as surprised I am sure as they were when we went to file our permits to get this underway before the season got too far along for the conrete work that's needed to find out that there was no approved access for this road. Surely, the work that's been done in the neighborhood up and down the road in recent years, at least indicated there wouldn't be a problem. I know their closest neighbor to the west in the 1970 had a house which some of you members of the board dealt with and approved a variance for. Also, a garage in 1975 that was approved...a similar variance due to the size of the property. The road is in my estimations in very good condition and in talking to the Shaws and some of their family who have used this yearround for many years, there never really seems to be a problem getting in and out of the place or any problems taking care of, within the neighborhood...it always seems that something needs to be done...everybody pitches in. So we are, as stated in the forms, hoping that this access can be properly approved in time that we can get this room added on and not inconvenience the family any more than an early C of O in the spring. There was some, when I applied for this, some mention that there had been requests for approval of access in the past...but I believe something about them being denied and never really had a chance to research that. And there may be something that I'm overlooking as far as access. MR. CHAIRMAN: They were granted subject to certain specifications (James Manos application), and then they asked to withdraw and they were withdrawn by this board. MR. STOUTENBURGH: So the individual who applied requested it be withdrawn? MR. CHAIRMAN: Yes. MR. STOUTENBURGH: I think that's really all I have to say...Mr. and Mrs. Shaw are here and they have a couple of comments that they would like to make to the board. Thank you. MR. DONALD SHAW: The property that has had access to it from before the turn of the century, the property has been in the family since 1931. My wife's parents had it as a summer place. It was conveyed to us just before my mother-in-law's death in 1974, held for us really with the idea that it would be our permanent residence. It is our primary property...we don't have any other property...I'm a clergyman which means that I move around quite a bit. At present I reside on Shelter Island and we're very much in love with the East End. And we want to retire here. We want to improve the property so that it is useful to our needs at that time, and this is essentially the first step to put on this addition, which consists of a room and basement beneath it. That essentially is it. We want to get the project moving as soon as possible. I've heard that mentioned before Southold Town Board of Appeals -17- (Appeal No. 3046 - Donald Shaw, continued:) MR. SHAW continued: tonight, so- But the weather is a factor so that we can get it moving. We have always had very cooperative, good cooperative arrangements with the neighbors when the road needed some repairs and I've shared the responsibility and it has been throughout the year. And my son lived there for three years and never once were we towed out or ever had any problems at all. Heavy machinery has gone in tbere for the other constructions that have taken place and so on. We feel that it's a perfectly adequate road. The project is simple, and we would like to get on with the project. October 21, 1982 Regular Meeting MR. CHAIRMAN: Thank you, sir. Mrs. Shaw? MRS. SHAW: I think it has all been said. MR. CHAIRMAN: Ok. Is there anybody else that would like to be heard in behalf of the application? Against the application? Ques- tions from board members? (None) Hearing no further comments, I'll make a motion closing the hearing and reserving decision until later. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearinq and reserve decision in the matter of Appeal No. 3046, application for Mr. and Mrs. Donald Shaw. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3039. Application of CHARLES AND BEATRICE WARD, 1610 Paradise Point Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to retain present location of accessory storage building in the frontyard area. Location: 1610 Paradise Point Road, Southold, NY; more particularly identified as Suffolk County Tax Map Parcel No. 1000-081-03-part of 19.1. The Chairman opened the hearing at 8:50 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIrmAN: We have a copy of a survey produced by Charles E. Ward Associates, Charles E. Ward Incorporated on 8/13/82 showing the position of the storage building. We also have a copy of the Suffolk County Tax Map indicating this property and the surrounding properties in the area. Mr. Ward, would you like to speak? MR. CHARLES E. WARD: Thank you very much. This property is a part of what we had originally and where we lived for 17 years, and we decided we would like a smaller house and less ground () so we sold...I got a subdivision map approved, and we sold approximately ten acres and the large house to the Petrocelli's and we kept three ~acres, 200 feet wide on the Bay to Paradise Point Road, and it works Southold Town Board of Appeals -18- October 21, 1982 Regular Meeting (Appeal No. 3039 - Charles and Beatrice Ward, continued:) MR. WARD continued: out to be exactly three acres. I noticed the other day the Tax Map says 3½...that's something to take up later. That building that-has been there for over 50 years, I'm sure, that's one of the buildings on the property. We have used it for a garage and storage. We have a truck which has been very essential in maintaining the place. We have bicycles. We have a tri-sport that belongs to my grandson, and he and my granddaughter live in Vermont in a small place so they had no place to use it. Whenever they can get down to our place, they enjoy riding it, so I want to keep that housed. The garage sits back from the street about 400 feet. It is all wooded from the street back to the garage. It cannot be seen from the street. It cannot be seen by the neighbors, except an outbuilding of the Petrocellis. All of our neighbors are in favor of leaving the building where it has always been, and I presented an agreement.., not an agreement but permission from the neighbors stating that they would like to see it left there. In other words, my neighbors all agree. I don't think they'll have any opposition. We've got to have some place summer to that to have storage. And to do it in compliance with your zoning ordinance would be impractical because if it couldn't been in the frontyard, the only place it could be would be in the sideyards, and then it would disturb trees and shrubbery, the pool that we have, and beautiful trees, and then it would be unsightly to the neighbors. So we feel that, we would appreciate it very much if you would just let us leave it there. It is a substantial building. MR. CHAIRMAN: Thank you very much, Mr. Ward. Is there anybody else that would like to be heard in behalf of the application? Anybody like to speak against the application? (None) Hearing no further comments, are there any questions from the board members? (None) I'll make a motion closing the hearing and reserving decision until later. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 3039, application of CHARLES AND BEATRICE WARD. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. RENEWAL OF SIGN APPLICATIONS PREVIOUSLY RECEIVED: On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, to approve the following requests for renewal of Special Exceptions for existing signs, SUBJECT TO THE FEDERAL HIGHWAY BEAUTIFI- CATION ACT AND FUNDING LAWS FOR HIGHWAYS, WHEN APPLICABLE: Appeal No. 1615 - Cedar's Golf Club Appeal No. 2151 - Cedar's Golf Club Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals -19- CLOSED SESSION FOR DELIBERATIONS: October 21, 1982 Regular Meeting On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to recess the Regular Meeting of this board at this time for the purpose of deliberations in closed session, and after deliberat- ing, this board would reconvene the Regular Meeting. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. (After approximately 1½ hours) RECONVENED REGULAR MEETING: On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to reconvene the Regular Meeting of this board at this Ayes: Messrs. Goehringer, Doyen, Grigonis, This resolution was unanimously adopted. time. Vote of the Board: Douglass and Sawicki. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that Thursday, November 18, 1982 be and hereby is set as the date of the next Regular Meeting of this board commencing at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York. (Mr. Grigonis advised the board that he expects to be in Nova Scotia at that time.) Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. PENDING APPLICATION: APPEAL NO. 3031. Application of MR. and MRS. THOMAS OCCHIOGROSSO for permission to relocate dwelling at Corey Creek Lane, Southold, NY. The Chairman brought the board members up-to-date concerning the Occhiogrossos 10/18/82 letter and ZBA reply dated 10/19/82 to the Occhiogrossos. It is the opinion of the board members that the appropriate amended DEC permit has not been furnished for this new location of 15' from Corey Creek Lane (east) as requested in the ZBA 10/4/82 letter, and the board does not feel they are in a position to schedule this application for a public hearing at this time. The board asked that the secretary send a reply to the applicants indicating the above. Southold Town Board of Appeals -20- PENDING APPLICATION: APPEAL NO. 301~3. October 21, 1982 Regular Meeting Application of EAST END SUPPLY CO. for a Variance for insufficient front, side and rear yard setbacks at Corwin Street, Greenport, NY. The board discussed the applicant's attorney's October 15th correspondence requesting that the application for a variance be scheduled for public hearing at our next Regular Meeting. The board agreed to field inspect the property and buildings at the next earliest possibly date, tentatively October 23rd or 30th. RESERVED DECISION PENDING: Appeal No. 3043. Application for GUS KYRKOSTAS for 280-a. North Side of Main Road, Orient, NY. The board members agreed to re-inspect the right-of-way and stone wall in question, and call a Special Meeting for the next earliest possible date. SET-UPS FOR NEXT REGULAR MEETING: On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the following applications be and hereby are scheduled for public hearings to be held at the next Regular Meeting of this board, to wit, Thursday, November 18, 1982 to be held at the Southold Town Hall: 7:30 p.m. Appeal No. 3027. 7:35 p.m. Appeal No. 3050. 7:40 p.m. Appeal No. 3052. 7:40 p.m. Appeal No. 3053. 7:50 p.m. Appeal No. 3048. 7:55 p.m. Appeal No. 3049. 8:00 p.m. Appeal No. 3051. AGNES D. McGUNNIGLE. HOWARD HAMRE. J & M REUTER CONSTRUCTION CORP. J & M REUTER CONSTRUCTION CORP. ALLEN OVSIANIK Variance. ALLEN OVSIANIK Special Exception. ANNETTE GOLDEN CARNES. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals -21- October 21, 1982 Regular Meeting RESERVED DECISION: Appeal No. 3046. Application for MR. AND MRS. DONALD SHAW by Environment East Inc., 3075 Indian Neck Lane, Peconic, NY for a Variance for approval of access, New York Town Law, Section 280-a. Location: Rights-of-Way located off the east side of Jackson's Landing Road (referred to as Miller's, Young's and Wick's Rights-of-Way), Mattituck, NY; subject parcel known as 1080 Private Road ~15 [Wick's Road]; bounded on the north by Manos; east by Manos, Right-of-Way, and Roundtree; south by Howard's Branch of Mattituck Creek; east by Schipani, Davis, McCarthy and Rohren; County Tax Map Parcel No. 1000-113-6-15. The public hearing on this application was held earlier this evening, at which time the hearing was declared closed, pending delib- erations. The board made the following findings and determination: By this application, appellants seek approval of access over private rights-of-way: (1) extending along Miller's Road [or Bungalow Lane] in excellent condition and having a width of 25 feet; (2) extending along Young's Right-of-Way, having a width of 20 feet, and (3) extending further along Wick's Road [east of Young's] a length of approximately 457 feet and a width of 20 feet, to the parcel in ques- tion. The board, after inspection of the rights-of-way in question, has found that Young's and Wick's Rights-of-Way are in fair condition and need improvement. In considering this appeal, the board determines that the variance request is not substantial in relation to the requirements of the laws; that the circumstances are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method feasible to appellants other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED, that Appeal No. 3046, application for MR. AND MRS. DONALD SHAW for approval of access to the parcel in question, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the entire access road known as Miller's Road or Bunga- low Lane is hereby approved and accepted in its present condition; however, this road shall be maintained at all times in its present good condition; 2. That access roads known as Young's Right-of-Way and Wick's Road shall be improved in the following method: Southold Town Board of Appeals -22- October 21, 1982 Regular Meeting (Appeal No. 3046 - Mr. and Mrs. Donald Shaw, continued:) Surfaced with a minimum depth of two inches of packed three-quarter-inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground sur- face and shaped, or the surface may be excavated to permit the application of packed stone blend to a depth of two inches; 3. That the above requirements shall be inspected and approved (by the road inspector or the Board of Appeals); 4. That no certificate of occupancy shall be issued for the construction of any buildings or structures, for vacant land, or for any existing buildings or structures, on these premises to which this access is referred, until all of the conditions set forth herein have been complied with. Location of Property in Question: 1080 Private Road No. 15 (also known as Wick's Road), Mattituck, NY; County Tax Map Parcel No. 1000-113-6-15. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. NEW APPEAL NO. 3041 - PETER R. McDONNELL for approval of access over a private right-of-way known as "Miller's Road" or "Bungalow Lane," at Mattituck, NY. WHEREAS, Appeal No. 3041, application of Peter R. McDonnell was filed on September 27, 1982 for approval of access over a private right-of-way known as "Miller's Road" or "Bungalow Lane," at Mattituck; WHEREAS, on October 7, 1982, Appeal No. 3046, application of Mr. and Mrs. Donald Shaw, was filed for approval of access over several rights-of-way, including the subject right-of-way, "Miller's Road" or "Bungalow Lane," and WHEREAS, a notice of public hearing was duly advertised in both the official and local newspapers of the town as required by law for the relief requested in both applications, under the name of Mr. and Mrs. Donald Shaw; and WHEREAS, on October 21, 1982 a public hearing was held for the relief requested in the within application; and WHEREAS, on October 21, 1982 approval of access was granted over this right-of-way known as "Miller's Road" or "Bungalow Lane"; NOW, THEREFORE, on motion by Mr. Grigonis, seconded by Mr. Sawicki, Southold Town Board of Appeals -23- October 21, 1982 Regular Meeting (Appeal No. 3046 - Peter R. McDonnell, continued:) BE IT RESOLVED, that Appeal No. 3041, application of Mr. Peter R. McDonnell, be and hereby IS WITHDRAWN for the reason that the relief requested in this application has been approved under the application of Mr. and Mrs. Donald Shaw in Appeal No. 3046. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. RESERVED DECISION: Appeal No. 3037. Upon application for MARTIN AND ALMA SUTER by Garrett A. Strang, Box 1412, Southold, NY for a Variance for approval of access pursuant to New York Town Law, Section 280-a. Location: Right-of-Way off the south side of New Suffolk Avenue, Mattituck, NY; bounded north, east and west by H. Alvin Smith & Co., and south by the Bay; County Tax Map Parcel No. 1000-115-17-18. The public hearing on this application was held earlier this evening, at which time the hearing was then declared closed, pending deliberations. The board made the following findings and determination: By this application, appellants seek approval of access over a private right-of-way extending southerly off the south side of New Suffolk Avenue approximately 1516.21 feet and thence extending in a southwesterly direction 583.25 feet along the premises in ques- tion. The first 1516.21 feet of the subject right-of-way has a legal width of 50 feet and our records show that this portion of the right-of-way was approved on November 2, 1972 under Appeal No. 1679. The additional 583.25 feet has a legal width of 30 feet and is in excellent condition. For the record it is also noted that the premises in question is more particularly known as County Tax Map District 1000, Section 115, Block 17, Lot 18 and contains an area of approximately 6.5 acres, which is vacant. In considering this appeal, the board determines the variance request will not cause detriment to adjoining properties; that the circumstances herein are unique; that the difficulty cannot be obviated by a method, feasible to appellants, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was Southold Town Board of Appeals -24- October 21, 1982 Regular Meeting (Appeal No. 3037 - Martin & Alma Suter, continued:) RESOLVED, that Appeal No. 3037, application for MARTIN & ALMA SUTER for approval of access, be and hereby IS APPROVED AS APPLIED FOR. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. RESERVED DECISION: Appeal No. 3040. Upon application of JOSEPH D. BURRUANO, 39 Salem Road, Rockville Centre, NY 11570 for a Variance for approval of access pursuant to New York Town Law, Section 280-a. Location: Ford's Road (Private Road #9), Southold, NY; subject parcel bounded on the north, east and south by Lavinia; southwest by Wittmer; west by Krupski, Comm. of Welfare, and Crane; County Tax Map Parcel No. 1000-87-1-13. The public hearing on this application was held earlier this evening, at which time the hearing was declared closed pending delib- erations. 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 east side of South Harbor Road, extending 208 feet to the northwesterly corner of the parcel in ques- tion and 112.49 feet along the northerly edge of this parcel. Appellant's predecessor in title has been granted rights over this right-of-way as indicated in deed dated January 27, 1972, recorded at Liber 7099, cp 118, which right-of-way is referred to as "Lehr Lane," and having an undefined width. The purpose of this "corrected action" is to reflect the appro- priate right-of-way as indicated in the previous paragraph hereof, rather than a different right-of-way over which appellant's predecessor in title has also rights over, as shown on the survey dated January 6, 1967, submitted with this application. This second right-of-way is and has been referred to as "Old Woods Road," "Park Place," and "Pri- vate Road No. 10," having a width of 25 feet, more or less. Appellant has not requested approval of this alternative right-of-way known as "Private Road No. 10" for access to the subject parcel. Upon inspection of the right-of-way known as "Private Road No. 9, the board finds same to have a good base, however, at the time of inspecting same, part of the road was found to be covered with water and to have several potholes. It is the opinion of the board that the entire length of this road to and along the northerly part of the subject parcel should be surfaced with two inches of stone blend for sufficient access and that the hollows should be filled and brought up to the existing grade. In considering this appeal, the board determines the variance request will not cause detriment to adjoining properties; that the circumstances herein are unique; that the difficulty cannot be Southold Town Board of Appeals -25- October 21, 1982 Regular Meeting (Appeal No. 3040 - Joseph D. Burruano, continued:) obviated by a method, feasible to appellants, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3040, application of JOSEPH D. BURRUANO for approval of access, be and hereby IS APPROVED SUBJECT TO THE FOLLOW- ING CONDITIONS: 1. That this access road must have maintained a width of not less than 15 feet and be cleared of all trees, brush and other obstructions to a minimum width of 15 feet; 2. This access road shall be improved as follows: (a) Ail potholes shall be patched and brought up to the exist- ing grade, and (b) The road shall be surfaced with a minimum depth of two inches [2"] of packed 3/4-inch stone blend so as to afford suitable access for emergency and other vehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface may be excavated to permit the application of packed blend to a depth of two inches. 3. That this access road must be maintained at all times in good satisfactory condition as stipulated above. 4. That this access road shall be inspected and approved as to meeting the above requirements (by the Board of Appeals and/or its road inspector). 5. That no certificate of occupancy shall be issued for the construction of any buildings or structures, or any existing buildings or structures, on the premises to which this access is referred until all of the conditions set forth herein have been complied with. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals -26- October 21, 1982 Regular Meeting RESERVED DECISION: Appeal No. 3039. Upon application of CHARLES AND BEATRICE WARD, 1610 Paradise Point Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to retain present location of accessory storage building in the frontyard area. Location: 1610 Paradise Point Road, Southold, NY; more particularly identified as Suffolk County Tax Map Parcel No. 1000-081-03-part of 19.1. The public hearing on this application was held earlier this even- ing, at which time the hearing was declared closed pending deliberations. The board made the following findings and determination: By this appeal, ~pp~llants seek permission to retain the present location of the accessory storage building roughly 12 feet from the northeasterly side property line and roughly 105 feet in front of the dwelling location. The property in question contains an area of three acres and a road frontage of 231.52 feet. The board finds that the accessory building in question appeared to have been used for dwelling purposes more than two years hence and is proposed at this time for storage purposes accessory to the proposed dwelling. The board has also found that the foundation for the proposed dwelling has been constructed and the remainder of this parcel is vacant. It is the opinion of the board that the relief requested is reasonable under the circumstances. In considering this appeal, the board determines the variance request will not cause detriment to adjoining properties; that the circumstances herein are unique; that the difficulty cannot be obviated by a method, feasible to appellants, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3039, application of CHARLES AND BEATRICE WARD for permission to retain accessory storage building in the frontyard area, be and hereby IS APPROVED, SUBJECT TO THE FOLLOWING CONDITION: That this storage building may never be used for sleeping or habitable purposes. Location of Property: 1610 Paradise Point Road, Southold, NY; County Tax Map Parcel No. 1000-081-03-part of 19.1. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals -27- October 21, 1982 Regular Meeting RESERVED DECISION: Appeal No. 3047. Upon application of ALEXANDER GASTON by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory storage shed in the sideyard area. Location: Minor Subdivision of Sturges, Map No. 144, Subd. Lots 1 and 2; Private Road, Fishers Island, NY; County Tax Map Parcel No. 1000-10-6-13.1 and 14.1. The public hearing on this appeal 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 appeal, appellant seeks permission to construct a 12' by 12' accessory storage shed for the purposes of storing garden implements in the sideyard area as shown on the April 20, 1982 plan prepared by Chand- ler, Palmer & King. The premises in question has an area of 5.14 acres, more or less slightly and is located in the A-Residential and Agricultural District. Existing on the premises is a large dwelling with its face towards Block Island Sound. The board agrees that the relief as re- quested will be in conformity with the area. In considering this appeal, the board determines the variance request will not cause detriment to adjoining properties; that the circumstances herein are unique; that the difficulty cannot be obviated by a method, feasible to appellants, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Doyen, seconded by Messrs. Grigonis and Douglass, it was RESOLVED, that Appeal No. 3047, application for ALEXANDER GASTON for an accessory storage building in the sideyard area, be and hereby IS APPROVED AS APPLIED FOR. Location of Property: Minor Subdivision of "Sturges," Lots 1 and 2; County Tax Map Parcels No. 1000-10-6-13.1 and 14.1. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals -28- October ~l, 1982 Regular Meeting RESERVED DECISION: Appeal No. 3045. Upon application of BRIGITTE GIBBONS, 3475 Ole Jule Lane, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient sideyard area at 3475 Ole Jule Lane, Mattituck, NY; bounded north by Schiller; west by Battersby; south by Ole Jule Lane; east by Wilsberg; County Tax Map Parcel No. 1000-122-5-20. 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 appeal, appellant seeks permission to construct an extension to the existing dwelling, thereby increasing the garage area for storage of two cars. The addition proposed is 11' into the northwesterly side- yard area, leaving a minimum setback of approximately 7 feet. Upon inspection of the premises in question, the board finds an existing one-family, framed dwelling set back from Ole Jule Lane at 46 feet. The premises in question contains an area of approximately 15,400 square feet, and has road frontage along Ole Jule Lane of 101.33 feet and along a private road entitled, "Nuart Lane" of 115 feet. Under the circumstances, it is the board's opinion that an extension of sufficient size could be constructed for the purposes intended with a set back of not less than eight feet from the side property line. In considering this appeal, the board determines the variance request will not cause detriment to adjoining properties; that the circumstances herein are unique; that the difficulty cannot be obviated by a method, feasible to appellants, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Doyen, seconded by Mr. Douglass, it was RESOLVED, that Appeal No. 3045, application of BRIGITTE GIBBONS for garage extension, be and hereby IS APPROVED SUBJECT TO THE FOLLOW- ING CONDITIONS: 1. That there be a minimum sideyard setback of eight feet; 2. That this extension be used only for garage storage purposes as requested; 3. Referral to the Suffolk County Planning Commission pursuant to the requirements of Sections 1323, et seq. of the Suffolk County Charter. Location of Property: 3475 Ole Jule Lane, Mattituck, NY; County Tax Map Parcel No. 1000-122-5-20. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals -29- October 21, 1982 Regular Meeting RESERVED DECISION: Appeal No. 3038. Upon application for MICHAEL AND ANNETTE COLLINS by William J. Jacobs, Builder, Depot Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31 for permission to construct deck addition to dwelling reducing the rearyard setback. Location: 515 Orchard Street, New Suffolk, NY; bounded north by Urbanowski; west by Cusumano; south by Orchard Street; east by Tuthill; County Tax Map Parcel No. 1000- 117-5-33. 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 appeal, appellant seeks permission to construct an extension to the existing dwelling along the east side in line with the back of the dwelling and a 10-foot deck extending into the rearyard, leaving a setback of approximately 30 feet. Existing on the premises in question are a 1½-story frame house and accessory garage (at the uppper southeast frontyard corner). This parcel contains an area of 7,900 square feet and frontage along Orchard Street of 87.80 feet. It has been furnished for the record that there will be a total square footage of 1,261, which in the board's opinion is in compliance with the 20% lot-coverage res- trictions of the zoning code. The board agrees with the reasoning of appellants, and the area chosen is the most practical and reasonable under the circumstances. In considering this appeal, the board determines the variance request will not cause detriment to adjoining properties; that the circumstances herein are unique; that the difficulty cannot be obviated by a method, feasible to appellants, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3038, application for MICHAEL AND ANNETTE COLLINS for permission to construct 10' deck extension, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITION: That this deck may never be enclosed or used as habitable (living) area. Location of Property: 515 Orchard Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-5-33. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of APpeals -30- October 21, 1982 Regular Meeting RESERVED DECISION: Appeal No. 3042. Upon application for ANDREW PAFITIS, by Inland Homes, Inc. as agent, 315 Westphalia Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct one-family dwelling with an insufficient rearyard setback at 1800 Gillette Drive East, East Marion, NY; bounded north by Manor Grove Corp.; west by J & M Reuter Corp.; south by Ruggiero; east by Gillette Drive East; County Tax Map Parcel No. 1000-38-3-22. 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 appeal, appellant seeks permission to construct a one-family dwelling with deck area leaving an insufficient rearyard setback from the rear property line at 22 feet. The parcel in question is vacant and con- tains an area of approximately 10,450 square feet, with frontage along Gillette Drive of 120.04 feet. This parcel is known as Lot #45 of major subdivision map entitled, "Map of Marion Manor" filed in the Suffolk County Clerk's Office on March 18, 1953 as Map No. 2038. In researching the history of this parcel and the parcels in the area, the board finds that on or about May 24, 1966, the Town Zoning Code gave "exceptions to certain subdivision lots," Section 1013, which included this parcel, permitted a reduction in the rearyard requirements to 20 feet. Subsequently, our zoning code has been amended and does not reflect exceptions from rearyard requirements, except by an application to this board. The board agrees with the reasoning of appellants and find the relief requested to be very reasonable and practical. The lot in ques- tion has an average depth of 87 feet and lends itself to the practical difficulties in this case. In considering this appeal, the board determines the variance request will not cause detriment to adjoining properties; that the circumstances herein are unique; that the difficulty cannot be obviated by a method, feasible to appellants, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3042, application for ANDREW PAFITIS for permission to construct a one-family dwelling with an insuffi- cient rearyard setback of not less than 22 feet, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITION: That the decks shown on the August 5, 1982 map submitted with this appeal application may never be enclosed or used as habitable living area. Southold Town Board of Appeals -31- October 21, 1982 Regular Meeting (Appeal No. 3042 - Andrew Pafitis, continued:) Location of Property: 1800 East Gillette Drive, East Marion, NY; County Tax Map Parcel No. 1000-38-3-22. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. APPEAL NO. 3002. Application by David E. Kapell as agent for ATHANASIOS SPINTHOURAKIS (BLUE DOLPHIN MOTEL) for a Special Exception to the Zoning Ordinance, for permission to construct accessory garage structure on premises located on the south side of Main Road, East Marion, NY; County Tax Map Parcel No. 1000-31-6-13 & 17. WHEREAS, on May 26, 1982, applicant submitted this application for a Special Exception to the Zoning Ordinance for permission to construct an accessory detached garage structure, pursuant to the Notice of Dis- approval dated February 19, 1982 of Building Inspector George H. Fisher; WHEREAS, this board held this application in abeyance pending Site Plan approval from the Planning Board; WHEREAS, the Planning Board on September 27, 1982 referred this matter to the Building Department for Certification as required by the zoning code; and WHEREAS, the Certification of Building Inspector Edward F. Hinder- mann dated October 13, 1982 indicates that this proposed structure would be incidental to the present use of the premises and is accessory to the principal building and use, without requiring an approval from this board for a Special Exception; NOW, THEREFORE, BE IT RESOLVED, that Appeal No. 3002, application for ATHANASIOS SPINTHOURAKIS (BLUE DOLPHIN MOTEL), be and hereby IS WITHDRAWN WITHOUT PREJUDICE for the reason stated above. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board o~ Appeals -32- October 21, 1982 Regular Meeting APPEAL NO. 2951. Application of Charles P. Ziegler for a variance for approval of insufficient road frontage of parcels proposed in a minor subdivision at Home Pike Road, Mattituck, NY. WHEREAS, on Febuary 8, 1982, applicant filed an application for a variance for a division of property having insufficient lot width requirements; and WHEREAS, at a Regular Meeting held Feburyar 26, 1982, this board tabled this application pending approvals from the N.Y.S. Department of Environmental Conservation and the Southold Town Planning Board for this proposal; and WHEREAS, on August 17, 1982, Attorney Gary Flanner Olsen filed an application for a variance requesting the same relief herein, which is a duplication of this pending appeal application; NOW, THEREFORE, BE IT RESOLVED, that Appeal No. 2951, application for CHARLES P. ZIEGLER be and hereby IS WITHDRAWN as requested. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. (For the record, please note that a conditional approval was granted under Appeal No. 3025 on September 30, 1982 for similar relief.) ENVIRONMENTAL DECLARATIONS: On motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, to adopt the following seven (7) Negative Environmental Declarations pursuant to the rules of the State Environmental Quality Review Act, as stated below: APPEAL NO. 3027. PROJECT NAME: AGNES D. McGUNNIGLE. This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertains to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines this 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 construct a 27'+- by 26'+- addition onto west side of existing structure (one-family dwelling) for use as a second dwelling unit on a single lot, containing less than 80,000 square feet. LOCATION OF PROJECT: 57185 C.R. 48, Greenport. 1000-44-2-2. (continued on next page) Southold Town Board o~ Appeals -33- October 21, 1982 Regular Meeting ENVIRONMENTAL DECLARATIONS continued: (Appeal No. 3027 - Agnes D. McGunnigle:) 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; (2) N.Y.S.D.E.C. approval has been obtained under Permit #10-82- 0822 for the building construction; (3) This project is landward of topographical crest of bluff in excess of 10' in elevation above mean sea level. APPEAL NO.: 3050. PROJECT NAME: HOWARD HAMRE. 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 20' right-of-way. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 950 Paradise Shores Road, Southold. CTM #1000-080-01-027. REASON(S) SUPPORTING THIS DETE~IINATION: (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) This application is not a direct request for new construction, but rather for approval of access over a right-of-way that has been existing for many years. Southold Town Board c Appeals -34- Octob~ 21, 1982 Regular Meeting ENVIRONMENTAL DECLARATION: APPEAL NO.: 3052. PROJECT NAME: J & M REUTER CONSTRUCTION CORP. 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: New dwelling with insufficient front and rear yard setbacks. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 2585 Gillette Drive, East Marion - New dwelling with insufficient front and rear yard setbacks. 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.: 3053. PROJECT NAME: J & M REUTER CONSTRUCTION CORP. This notice isi 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: New dwelling with insufficient front and rear yard setbacks. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 2705 Gillette Drive, East Marion. 1000-38-3-18. 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 APPEAL NO.: 3048. PROJECT NAME: ALLEN OVSIANIK. -35- OctoP~r 21, 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 A~TION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance to construct addition to existing service station located in a Business District with insufficient front yard setback. · .... LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Main and Eugene's Roads, Cutchogue. 1000-97-2-15. 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) Premises is not located within 300 feet of tidal wetlands or any other critical environmental area. APPEAL NO.: 3049. PROJECT NAME: ALLEN OVSIANIK. 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: Special Exception to construct addition to existing gas/service station in a Business Zone. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: South side of S.R. 25, at its intersection with Eugene Road, Cutchogue, NY. 1000-97-2-15. 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 -36- October 21, 1982 Regular Meeting~ (ENVIRONMENTAL DECIARATION - Appeal No. 3049, Allen Ovsianik, continued:) (2) The premises in question is not located within 300 feet of tidal wetlands or any other critical environmental area. APPEAL NO.: 3051. PROJECT NAME: ANNETTE GOLDEN CARNES. 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: Variance for excessive lot coverage of deck and pool as constructed. .7' LOCATION OF PROJECT: Town of Southold, County of Suffolk more particularly known as: ' REASON(S) SUPPORTING THIS DETER~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) Correspondence from N.Y.S.D.E.C. dated June 2, 1982 affirms compliance of DEC conditions of stipulation agreement. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Being these was no further business properly coming before the board at this time, the Chairman declared the meeting adjourned. APPROVED -Chairman Board of ApD~Is Respectfully submitted, Li~da F. Kowalski, Secretary Southold Town Board of Appeals