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ZBA-07/08/1982
Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 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 JULY 8, 1982 REGULAR MEETING A Regular Meeting of the Southold Town Board of Appeals was held on Thursday, July 8, 1982 at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr.; Serge Doyen, Jr.; Robert J. Douglass and Joseph H. Sawicki. Also present were: Mr. Victor Lessard, Executive Administrator of the Town of Southold; Mrs. Ruth Oliva, North Fork Environmental Council; Mr. Henry Lytle, Southold-Peconic Seniors Club. The Chairman called the meeting to order at 7:30 p.m. and proceeded with the first public hearing. PUBLIC HEARING: Appeal No. 2997. Application of ANNETTE GOLDEN CARNES, 1445 Bay Shore Road, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-36 for approval of construction of swimmingpool and deck with insufficient side and rear yard setbacks at 1445 Bayshore Road, Greenport, NY; bounded north by Pipes Cove; west by O'Brien; south by Bay Shore Road; east by Koehler; County Tax Map Parcel No. 1000-53-4-4. The Chairman opened the ~earing 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 a survey produced on June 24, 1974 (amended December 29, 1980) indicating the pool and deck areas as it is attached to the house. We have also a building permit which is a little more descriptive and we have a copy of the County Tax Map showing this and the surrounding properties in the area. Is there anybody wishing to speak in behalf of this application? ABIGAIL A. WICKHAM, ESQ.: Abigail A. Wickham, Esq. I think most S0uthold Town Board oi Appeals -2- July 8, 1982 Regular Mtg. (Appeal No. 2997 - Annette Golden Carnes, continued:) MRS. WICKHAM continued: of the history here was set forth in the papers, and I would like the board to consider the affidavit of Mrs. Carnes as part of the record. We are asking for approval of the pool and deck, which were constructed pursuant to a building permit, and it was not until the final C/O inspection that a different building inspector required a variance and sent us to this board. We have a hardship where the applicant has put in the pool and deck. In order to comply, they would have to remove part of the deck and they need the deck in. It's certainly a unique problem because of the way it arose. It will not affect the character of the district. There is a hedge which Mrs. Carnes estimates about four or five feet in width. I don't believe there are any objections from the neighbors. Also, there were some additional plantings put in front on the Bay side as a result of conferences with the D.E.C. MR. CHAIRMAN: I have one question, but I will wait to see if there are any objections. Is there any wishing to speak in behalf of this application? Is there anyone wishing to speak against the application? SAMUEL MARKEL: I am a resident of Southold Town, and I am also an acquaintance and friend of Annette and Mr. Carnes. I personally have viewed the situation, and I think the answer is the story from the building permit and that possible litigation might result. (Remainder of statement unclear.) MR. CHAIRMAN: Is there anybody else for this application? (None) Anyone against? (None) It has been the nature of this board, Miss Wickham, to consider access to the waterfront and we usually deal with an eight-foot access. If there is any work to be done along the waterfront, it has been our views that we like to see an access. It does not show on this survey how much you actually have. Maybe you could go back and measure to see what the distance is from your property line to the house. MISS WICKHAM: You are talking about the south side? MR. CHAIRMAN: Where the diving board area is, the south side of the walkway to the boundary. MISS WICKHAM: It's about 3 to 4 feet. MR. CHAIRMAN: Do you want to go with that, or do you want to give us a measurement? I suggest that you give us a call on Monday or so if that's what you wish to do. MISS WICKHAM: There is at least 6 to 7 feet on the other side of the house. It didn't feel crowded. If it is three feet, what would we be able to do with this? MR. CHAIRMAN: We may ask for you to trim the hedges on the north Southold Town Board of Appeals -3- J~ly 8, 1982 Regular Mtg. (Appeal No. 2997 - Annette Golden Carnes, continued:) MR. CHAIRMAN continued: side of the house to allow for access at some future date, where you could get a machine in there. MR. CARNES: We just did it. At the north side of the house. MR. CHAIRMAN: There didn't appear to be any way near 7 feet, that is the reason. MRS. CARNES: The access is actually the left side. MISS WICKHAM: I don't think they want to trim it too severely as it has been there for some time. MR. CHAIRMAN: Thank you very much. Are there any other questions from anybody else? JERRY BOLGER: In addition to these deck areas, the house line on the north and south sides, of the house would be (of a) width so that they can be accessible. MISS WICKHAM: I believe Mr. Bolger ( basis for the record. ) was a MR. CHAIRMAN: Does anybody else have any questions? (None) Do any of the board members wish to comment? (None) I'll make a motion closing the hearing and reserving decision. [The board awaits the additional information before deliberations.] On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision until a later date in the matter of Appeal No. 2997 - ANNETTE GOLDEN CARNES. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. Southold Town Board of Appeals -4- 'July 8, 1982 Regular Mtg. PUBLIC HEARING: Appeal No. 2998. Application of MARGARET DELLANO, by Rensselaer G. Terry, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30A and B, for permission to use pre-existing tourist-home altered to a three-apartment building for use as three-dwelling apartments in this A-Residential and Agricultural Zone. Location of Property: 51255 County Road 48 and 50 Clark Road, Southold, NY; bounded north by Corey; west by Clark Road; south by C.R. 48; east by Aurichio; County Tax Map Parcel No. 1000-135-2-7.1. The Chairman opened the hearing at 7:41 p.m. and read the legal notice of hearing in its entirety and appeal application. CHAIRMAN GOEHRINGER: We have a copy of a survey prepared on April 6, 1982 by Mr. VanTuyl indicating the house in question, which is the nature of this application and where it lies on the property. We also have a copy of the County Tax Map showing this property and the surrounding properties. Mr. Terry. RENSSELAER G. TERRY: I appear here on behalf of Mrs. Dellano, who as you read in the application purchased the property in January of 1952 and continued to operate it as a tourist home. In addition the Maples sign continues at the present time. Mrs. Dellano has always in a very pleasant manner and so far as I know there have been no difficulties, and the people residing there have always been of a quiet nature. It has been and will continue to be a residential area . Since some of you have viewed the area, you are aware that the kitchen and living space are very limited areas so there would not be a large number of persons occupying the building. Mrs. Dellano was not aware at the time of the change and that she should have made such an application. She will be in a financial bind if she cannot get some relief here. If this is granted, the character of the neighborhood will not change. I think it's quite a peaceful residential area. Because of the size of the building it would be difficult and you'd have to have a large family live there. I would like to leave a petition signed by some os ~he neighbors and former tourists and ask that you give favorable consideration. (Mr. Terry submitted a petition containing 34 signatures request- ing this board to approve Mrs. Dellano's variance application.) MR. CHAIRMAN: Is there anyone else to speak on behalf of the application. Anyone against? (None) Hearing no further comments, I'll make a motion closing the hearing and reserving decision until a later date. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to close the hearing, and reserve decision until a later date in the matter of Appeal No. 2998. MARGARET DELLANO. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals -5- J~ly 8, 1982 Regular Mtg. PUBLIC HEARING: Appeal No. 3001. Application for HAROLD E. WALTERS, by Richard J. Cron, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-115 for approval of suitable screening around the periphery of the existing junkyard located at 400 Nokomis Road, Southold; more particularly known as County Tax Map District 1000, Section 78, Block 3, Lot 20 at Laughing Waters. The Chairman opened the hearing at 7:49 p.m. and read the legal notice of hearing in its entirety and application for a variance. MR. CHAIRMAN: I have a copy of a survey prepared on December 18, 1981 by R. VanTuyl, P.C. of the parcel of land which is the nature of this application, and a copy of the County Tax Map showing this and the surround- ing properties. Mr. Cron. RICHARD J. CRON, ESQ.: This is somewhat of an unusual application. It's neither a variance or a special exception. It is made pursuant to Section 100-115 of the code with respect to a junkyard-type of business, in that the Zoning Board of Appeals makes an inspection of the property and to be able to make a determination as to whether there is sufficient screening. As I have indicated in the application, before the enactment of the zoning ordinance, he was of the opinion at the date of the notice of violation that he had in fact secured approval from the Zoning Board of Appeals when the zoning ordinance was enacted. Mr. Howard Terry I think can verify that for the board. That is not the important factor. The important factor is that this board make something in writing and have specific requirements in terms of screening that we can comply with...screening reasonable in nature. MR. CHAIRMAN: Thank you. Is there any else wishing to speak for the application? HOWARD TERRY (past building inspector): Mr. Chairman and Members of the board. The Zoning Board of Appeals and I have gone and visited the site, and at that time the zoning ordinance required screening. I don't classify Mr. Walter's site as a junk operation. We did go through all of these codes. It is my understand that he has made a research. I sent a letter explaing it to Mr. Walters. The survey you have before you shows you where he put up the fence and some trees and bushes. Mr. Walters met the requirements of the board at the time. It was the chairman, Mr. Gillispie, myself and Mr. Bergen. I can't go down and look through it. MR. CHAIRMAN: We also did an intensified search and could find nothing. It was never acted upon by the board. We did an updated search for 280-a's in the town, which the Planning Board asked us to do, and we did go through every application that was ever brought before the board and at the same time we searched for information or action concerning Mr. Walters' property and found nothing. However we did find a lot of 280-a's. MEMBER GRIGONIS: Baring all the facts, I think it's pretty much about the same thing. Southold Town Board of Appeals -6- J61y 8, 1982 Regular Mtg. (Appeal No. 3001 - Harold E. Walters, continued:) MR. CHAIRMAN: Is there anyone wishing to speak against the application? Miss Wickham. ABIGAIL A. WICKHAM, ESQ.: I am here representing an adjoining neighbor, Leslie Kunst, who adjoins the property on the south. She is concerned about the screening because it does affect her property, the saleability and value of the property and is concerned about a possible ( ) of the property to the north, which was a problem at some time. Mr. Terry indicated there was some natural vegetation that doesn't seem to be there any more. She would like to see something in terms of a stockade fence along that entire area, not only to the north but also, as you can see, down the road in the front. She likes the neighborhood and would like it to have a nice appearance, and we would like the board to take that into consideration. Mrs. Kunst would also like to address the board. LESLIE KUNST: I own the property on the south side of Mr. Walters' property, which is 630 Nokomis Road. I am concerned. I have tried to sell the property. I had an interested buyer, who turned it down for the reason there were too many cars and his property was unappealing. I feel now there is no possible resale value with the property being as it is right now. After I bought the property, it was assessed at a less value for the fact of my neighbor's property, Mr. Walters, and I think with suitable screening this would help to improve my property values, and I am concerned about my property values. MR. CHAIRMAN: Is there anyone else wishing to speak against the application? (None) MR. CRON: I think it should be an interesting factor as to perhaps who was first in the area, and the objectant came at a subse- quent date. Mr. Walters is aware that he has to do some type of acreening and it is to be of a type this board should consider. The screening should be reasonable. MR. CHAIRMAN: Is there anybody else? MISS WICKHAM: First of all, the code does require Board of Appeals' approval of suitable screening and there is some question as to what that screening is, and Mrs. Kunst would like to be given a brief description as to what type, as she has been there. (Mrs. Kunst made a statement as to how she and her two children have been harassed byother children after she made a request to the building department about this problem, and how Mr. WalterS' junk area seems to get better at one point, and then worsens.) MR. CRON: I don't think other children have anything to do with what this application is. Southold Town Board oi Appeals -7- July 8, 1982 Regular Mtg. (Appeal No. 3001 - Harold E. Walters, continued:) MR. TERRY: Mr. Walters has been there since back in the 1940's, right after World War II, when junk was Actually over a period of time it had fallen over the property line and she could actually have claimed adverse possession because nobody claimed it for years. MR. CHAIRMAN: Any further questions? Board members? (None) I'll make a motion to-- MISS WICKHAM: What type of screening are you proposing? MR. CHAIRMAN: Basically, there are three types of screening -- hedges of a certain minimum size, link fences -- complying with the code -- stockade fences. MISS WICKHAM: As to the first two, a hedge can be seen through in the winter time, and a chainlink fence can be seen through at any time. As to what happened in the 1940's and 50's, I'm not sure that is existing. Mrs. Kunst now owns that property, and it does affect her. MR. CRON: The board only considers what the ordinance requires. MISS WICKHAM: Mrs. Kunst wants a stockade fence for aesthetic reasons. MISS WICKHA~:think the preparation of the ordinance is aesthetic. MR. CRON: Not solely. MR. CHAIRMAN: I'll make a motion to close the hearing and reserve decision until a later date. MEMBERS SAWICKI AND DOUGLASS: Second. On motion by Mr. Goehringer, seconded by Messrs. Douglass and Sawicki, it was RESOLVED, to close the hearing and reserve decision until a later date in the matter of Appeal No. 3001 - HAROLD E. WALTERS. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. PUBLIC HEARING: Appeal No. 3003. Application of GEORGE H. and BEVERLY G. BOEHLE, Woodcliff Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and epth of two parcels located at Westview, Mayflower and Woodcliff Drives, Mattituck, NY; bounded north by Westview Drive; ls.com`massmails`samsonite-040704`images`headpic.jpg ÿ( € S ø>0§ . 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(Appeal No. 3006 - Vera Gretchyn Marino, continued:) MR. CHAIRMAN: We have a copy of the survey dated November 11, 1980 indicating this property and the access in question approximately 36.24 feet wide, and a copy of the County Tax Map showing this property and the surrounding properties in the area. Is there anyone wishing to speak in behalf of this application? VERA GRETCHYN MARINO: First at the outset, I would like to offer into evidence the documents submitted on appeal so they are marked for authentication. (Mrs. Marino asked the Chairman to initial the papers indicating that the documents have been submitted for the record, and the Chairman did initial the same.) MRS. MARINO: What are your initials? MR. CHAIRMAN: I am Gerard P. Goehringer, GPG. MRS. MARINO~indicated to the board that ~he wrote to the Building Department during September last year for a confirmation that she will have the permission of the Town Building and Zoning Departments to construct a one-family dwelling on this parcel. On September 24, 1981, George H. Fisher, Sr. Building Inspector replied to Mrs. Marino indicating that the lot is "single and separate with a pre-existing garage next to the right-of-way property line," (see Exhibit B sub- mitted with the application for a variance). Mrs. Marino said she purchased the property "in good faith" based on representations made by the Building Department. Mrs. Marino objected to the board requiring her to improve the right-of-way, and that it should remain as it is particularly since it is used by other parcels along the right-of-way. Mrs. Marino stated this would be a great hardship inasmuch as the Building Department assured her that it was buildable at the time she was under contract to buy it. Mrs. Marino respect- fully asked the board to conference at this time in order to make a determination now. MR. CHAIRMAN replied that there are two additional hearings on the agenda tonight and the board, particularly Mr. Annabel who has been with us many, many times and that we hopefully would have a decision for him in the near future. The Chairman asked Mrs. Marion to bear with the board, and hopefully in the morning we would have a determination for her. MRS. MARINO said she had an interested buyer, but the sale has effectively been lost and is now thwarted. MRS. MARINO: In speaking with many neighbors, this roadway has been perfectly suitable in passing. I would run into serious problems to do anything to that road ...that roadway has been that way for so many years. Requiring me as a single person to improve that road would be a severe hardship. Southold Town Board o~ Appeals -11- (Appeal No. 3006 - Vera Gretchyn Marino, continued:) July 8, 1982 Regular Mtg. HOWARD TERRY: Check your open development area list. That takes in an area like a ( ) subdivision, and all the lots . It's quite likely it is an open development area, which may have approved this roadway. It may be an open development area. MRS. MARINO also indicated to the board that it is her understanding of the law that where the town issues a zoning ordinance different than when she purchased, that it cannot be enforced...she bought the property in good faith relying upon the Building Inspector's statements...and if she is required to comply with the board's certain standards for 280-a right-of-ways, the town effectively deprived her of selling the property as it exists. She wanted the board to be aware of the above and asked that the board take everything into consideration. MR. CHAIRMAN: Is there anyone else wishing to speak in behalf of the application? (None) Any further questions? (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 VERA GRETCYN MARINO, Appeal No. 3006. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. APPEAL NO. 2987. Application of NORTH FORK BANK & TRUST COMPANY by Abigail A. Wickham, Esq. for a Variance to the Zoning Ordinance requesting permission to construct a drive-in facility with canopy extending into the frontyard area at the Mattituck Shopping Center. This hearing was recessed, originally from June 17, 1982 until tonight's regular meeting at 8:15 p.m. Abigail A. Wickham, Esq. presented a letter confirming her request that this matter be recessed until the next Regular Meeting of the Board, to wit, July 29, 1982, inasmuch as the site plan is still pend- ing with the Planning Board. On motion by Mr. Doyen, seconded by Mr. Douglass, it was RESOLVED, that the matter of NORTH FORK BANK & TRUST COMPANY, Appeal No. 2987, be RECESSED UNTIL THE NEXT REGULAR MEETING of this Board, to wit, JULY 29, 1982. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. CSSM32S.SI_ ÿ( € ¢$ IÆ"žÓ , CSSMS_IN.DL_ ÿ( € H< Ê»/ ŸÓ CTL3D32.DL_ ÿ( € Ï ‘6Ã& Ó ( DS16GT.DL_ ÿ( € k hÃ&¡Ó DS32GT.DL_ ÿ( € ¦ 4*.¡Ó ENUAMS.LR_ ÿ( € â nX)¡Ó < ENUAMS2.CN_ ÿ( € Êe s}-¢Ó ENUAMS2.HL_ ÿ( € ’¡ V*.£Ó > ENUAMSUI.LR_ ÿ( € •f ê~*.¦Ó , ENUCACRC.LR_ ÿ( € ‹; °H*.¨Ó ENUCAIN.DL_ ÿ( € L 1†$©Ó ( ENUCAMGR.CN_ ÿ( € 3 ÌM6%©Ó 8 ENUCAMGR.HL_ ÿ( € 7 í~*.ªÓ 8 ENUCASRC.LR_ ÿ( € ó2 ”2)«Ó < ENUCMNRC.LR_ ÿ( € ®H*.¬Ó < ENUINST.DLL ÿ( € 7 ï~*.¯Ó * ENUPDSRC.LR_ ÿ( € J ¶LV(°Ó . ENUSAT.CN_ ÿ( € ˆ ¶LV(°Ó < ENUSAT.HL_ ÿ( € ÑG !I*.±Ó Southold Town Board o± Appeals -13- July 8, 1982 Reg. Mtg. (Appeal No. 2805 - Vincent W. Annabel, continued:) By this appeal, appellant seeks approval of an insufficient road frontage of one parcel at 120 feet in a proposed two-lot division of property. The premises in question is located at Stillwater Avenue in Cutchogue. Parcel I will contain a minimum area of 40,000 square feet, having 110' frontage on Eugene's Creek; and Parcel II will contain an area of approximately 55,000 square feet, having 300' frontage on Eugene's Creek and 158.60' (and 50.27' at an angle) frontage on Still- water Avenue. The premises are zoned "A" Residential and Agricultural. Appellant has received permission from the N.Y.S. Department of Environmental Conservation to subdivide this 2.2-acre parcel into two lots under Tidal Wetlands Permit #TW 15276-0320"A" dated May 3, 1982. Appellant has also received sketch-map approval on this proposed subdivision from the Southold Town Planning Board June 28, 1982. In considering this appeal, the board determines that the variance request is not substantial in relation to the code requirements; that the circumstances herein 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 appellant 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 applied for and as specified below. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 2805, application of VINCENT W. ANNABEL for approval of insufficient road frontage at 120 feet of one parcel proposed in a two-lot division of property, be and hereby IS APPROVED AS APPLIED FOR. Location of Property: Stillwater Avenue, Cutchogue, NY; bounded north by Stillwater Avenue, Kiernan, Annabel; west by Stillwater Road; south by Stillwater Road; east by Eugene's (East) Creek; County Tax Map Parcel No. 1000-137-3-8. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. At 8:38 p.m., motion was made by Mr. Goehringer, seconded by Messrs. Grigonis and Douglass, to enter into "closed session for deliberations," which was duly carried unanimously. At 10:40 p.m. motion was made by Mr. Goehringer, seconded by Mr. Grigonis, to reconvene the Regular Meeting, which was unanSmously carried. Southold Town Board of Appeals -14- July 8, 1982 Reg. Mtg. RESERVED DECISION: Appeal No. 2914. Upon application of NORMAN C. BOOS, One Cedar Street, Massapequa, NY 11758, by Stephen F. Griffing, Jr., Esq. for a Variance to the Zoning Ordinance, Article III, Section 100-31, and Article V, Section 100-51 for permission to reduce land area for existing marina by dividing premises into two parcels, each with insufficient upland area. Location of Property: South Side of Bay Avenue (a/k/a 8000 Skunk Lane), Cutchogue, NY; bounded north by Bay Avenue; west by Brickley; south by Gross; east by Hockbauer; more particularly identified as Suffolk County Tax Map District 1000, Section 104, Block 8, Lot 2.1. The public hearing on this matter was held on May 26, 1982, at which time the hearing was declared closed pending deliberations and referral to the Suffolk County Department of Planning pursuant to Sections 1323, et seq. of the Suffolk County Charter. The board made the following findings and determination: This is an appeal for a variance of Sections 100-31 and 100-51 of the Zoning Code to set-off a dwelling parcel of land and thus reduce the area requirements of an existing marina located on the south side of Bay Avenue, adjacent to Broadwater Cove at Cutchogue, New York. The premises contain a total area of 117,871 square feet. However, the premises had been dredged to create a boat marina and an area of 47,364 square feet of the premises is underwater land. There is a total of 70,507 square feet of land above water. The premises is located in the "A" Residential and Agricultural District in which marinas are not permitted. The marina was in existence prior to the enactment of the Zoning Code and is thus a nonconforming use. Appellant proposes to set-off 45,546 square feet of the easterly portion of the premises and construct a dwelling thereon. The proposed dwelling lot will have a total area of 45,546 square feet of which 12,064 square feet is underwater and 33,482 square feet is upland. The Bulk Schedule forming a part of the Zoning Code requires a minimum lot size of 40,000 square feet for a dwelling in the "A" District, and a minimum lot area of 80,000 square feet for a marina in the "M-I" General Multiple Residence District (the highest use district in which marinas are a permitted use). In a letter of this board to Appellant's precedessor in title, dated June 1, 1978 (offered in evidence at the hearing of this appeal by Appellant's attorney), the extent of the marina use at the date of said letter was for the docking of not more than 35 noncommercial boats. It is the position of Appellant that in determining the area of the property, the land underwater should be included in calculating the lot area of the marina parcel as well as the dwelling lot sought to be set- off from the marina parcel. Under such a view, the marina would have a tot area of 72,325 square feet and the resulting dwelling lot 45,546 square feet. The dwelling lot would conform to the bulk requirements, Explorer\Streams\65\ViewView2 ÿ( € \ gQr2Bm CabView ÿ( gQr2Bm ˆ \\2KSERVER\Registry\HKEY_USERS\S-1-5-21-150473982-871531988-889566578-500\Software\Microsoft\Windows\CurrentVersion\Explorer\Streams\66 ÿ( € l gQr2Bm * ’ \\2KSERVER\Registry\HKEY_USERS\S-1-5-21-150473982-871531988-889566578-500\Software\Microsoft\Windows\CurrentVersion\Explorer\Streams\66\ViewView2 ÿ( € \ gQr2Bm 6 CabView ÿ( gQr2Cm ˆ \\2KSERVER\Registry\HKEY_USERS\S-1-5-21-150473982-871531988-889566578-500\Software\Microsoft\Windows\CurrentVersion\Explorer\Streams\67 ÿ( € \ gQr2Cm \\2KSERVER\Registry\HKEY_USERS\S-1-5-21-150473982-871531988-889566578-500\Software\Microsoft\Windows\CurrentVersion\Explorer\Streams\67\CabView ÿ( € l gQr2Cm ViewView2 ÿ( gQr2Cm $ ˆ \\2KSERVER\Registry\HKEY_USERS\S-1-5-21-150473982-871531988-889566578-500\Software\Microsoft\Windows\CurrentVersion\Explorer\Streams\68 ÿ( € l gQr2Cm . ’ \\2KSERVER\Registry\HKEY_USERS\S-1-5-21-150473982-871531988-889566578-500\Software\Microsoft\Windows\CurrentVersion\Explorer\Streams\68\ViewView2 ÿ( € \ gQr2Cm : CabView ÿ( gQr2Dm ˆ \\2KSERVER\Registry\HKEY_USERS\S-1-5-21-150473982-871531988-889566578-500\Software\Microsoft\Windows\CurrentVersion\Explorer\Streams\69 ÿ( € l gQr2Dm ’ \\2KSERVER\Registry\HKEY_USERS\S-1-5-21-150473982-871531988-889566578-500\Software\Microsoft\Windows\CurrentVersion\Explorer\Streams\69\ViewView2 ÿ( € \ gQr2Dm CabView ÿ( gQr2Dm ( ‡ \\2KSERVER\Registry\HKEY_USERS\S-1-5-21-150473982-871531988-889566578-500\Software\Microsoft\Windows\CurrentVersion\Explorer\Streams\7 ÿ( € \ gQr2Dm 2 \\2KSERVER\Registry\HKEY_USERS\S-1-5-21-150473982-871531988-889566578-500\Software\Microsoft\Windows\CurrentVersion\Explorer\Streams\7\CabView ÿ( € 0 gQr2Dm > ViewView2 ÿ( gQr2Em ˆ \\2KSERVER\Registry\HKEY_USERS\S-1-5-21-150473982-871531988-889566578-500\Software\Microsoft\Windows\CurrentVersion\Explorer\Streams\70 ÿ( € l gQr2Em ’ \\2KSERVER\Registry\HKEY_USERS\S-1-5-21-150473982-87153198 Southold Town Board of Appeals -16- July 8, 1982 RESERVED DECISION: Appeal No. 3003. Upon application of GEORGE H. and BEVERLY G. BOEHLE, Woodcliff Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and depth of two parcels located at Westview, Mayflower and Woodcliff Drives, Mattituck; bounded north by Westview Drive; west by Woodcliff Drive; south by Delisle Inc. and Orlowski; east by Mayflower Road; County Tax Map Parcel No. 1000-107-8-24 & 11. The public hearing on this matter was held earlier this evening, at which time the hearing was declared closed after receiving comments, and pending deliberations. The board made the following findings and determination: By this appeal, appellants seek approval of insufficient area and depth of two parcels which were conveyed to the appellants on August 28, 1958 by separate deeds at Liber 4511 cp 70 and Liber 4511 cp 66. The area of the northwesterly parcel is approximately 18,000 square feet with 120' frontage along Woodcliff Drive, 150' frontage along Westview Drive, and a depth of 150 feet, and the area of the northeasterly parcel is approximately 18,000 square feet with 120' frontage along Mayflower Road, 150' frontage along Westview Drive, and a depth of 150 feet. The north- westerly parcel has constructed thereupon a one-family private dwelling. The other parcel is vacant. These parcels are similar in character, size and shape to those in the surrounding neighborhood. The board agrees with the reasoning of appellants under these circumstances. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique and practical difficulties have been shown; 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 appellant, 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 applied for. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3003, application of GEORGE H. and BEV- ERLY G. BOEHLE, for approval of insufficient area and insufficient depth of two parcels, be and hereby IS APPROVED AS APPLIED FOR. Location of Property: Westview Drive, Mayflower Road and Wood- cliff Drive, Mattituck, NY; County Tax Map Parcels No. 1000-107-8-24 & 11. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals -17- 0dly 8, 1982 RESERVED DECISION: Appeal No. 2991. Upon application of MIRIAM BATSON, c/o David E. Kapell, 143 Main Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct an addition to existing dwelling with a reduction in rearyard setback at Bayview Drive, East Marion, NY; more parti- cularly known as Gardiners Bay Estates Filed Map No. 275, Lots 123 and 124; County Tax Map Parcel No. 1000-37-4-3. The public hearing on this matter was held on June 17, 1982, at which time the hearing was declared closed pending receipt of additional informa- tion and pending deliberations. On July 8, 1982 the board received the additional information requested June 17, 1982, and made the following findings and determination: By this appeal, appellant seeks permission to construct an 11'6" by 42' deck at the rear of the existing dwelling, reducing the rearyard setback by 11'6" The house as exists and as originally built is set back from this property line approximately 18 feet. The applicant chooses to construct a deck similar to that of a neighbor across the water (Subdivision Lots 127 and 128 presently of Brown), taking advantage of the waterview. The board is of the opinion that the area is the most practical and feasible under the circumstances. However, the board feels that a deck of the size requested is unreasonable and substantial in relation to the zoning requirements and that same should be reduced to a minimum of 7' by 42" and that same will never be enclosed or covered by a roof. In considering this appeal, the board determines that the relief granted is not substantial; that the circumstances herein are unique and practical difficulties have been shown; 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 appellant, 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. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 2991, application of MIRIAM BATSON for permission to construct a deck with reduced rearyard area, be and hereby IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck be cut back to 7' by 42' (rather than 11'6" by 42'); 2. That the deck shall never be enclosed and never covered by a roof. 3E8C930-A652-11D0-A9EA-00AA00685C74} ÿ( € gQr2& s \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Classes\Interface\{73E8C930-A652-11D0-A9EA-00AA00685C74}\<No Name> ÿ( gQr2& " NumMethods ÿ( € gQr2& , ~ \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Classes\Interface\{73E8C930-A652-11D0-A9EA-00AA00685C74}\NumMethods\<No Name> ÿ( gQr2& 6 x \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Classes\Interface\{73E8C930-A652-11D0-A9EA-00AA00685C74}\ProxyStubClsid ÿ( € N gQr2& ‚ \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Classes\Interface\{73E8C930-A652-11D0-A9EA-00AA00685C74}\ProxyStubClsid\<No Name> ÿ( gQr2& z \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Classes\Interface\{73E8C930-A652-11D0-A9EA-00AA00685C74}\ProxyStubClsid32 ÿ( € N gQr2& „ \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Classes\Interface\{73E8C930-A652-11D0-A9EA-00AA00685C74}\ProxyStubClsid32\<No Name> ÿ( gQr2& " q \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Classes\Interface\{73E8C930-A652-11D0-A9EA-00AA00685C74}\TypeLib ÿ( € N gQr2& , { \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Classes\Interface\{73E8C930-A652-11D0-A9EA-00AA00685C74}\TypeLib\<No Name> ÿ( € gQr2& 8 Version ÿ( gQr2& ' i \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Classes\Interface\{73F2B3A1-5474-11D0-8236-00A0C908DB96} ÿ( € gQr2& s \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Classes\Interface\{73F2B3A1-5474-11D0-8236-00A0C908DB96}\<No Name> ÿ( gQr2& ProxyStubClsid ÿ( € N gQr2& ‚ \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Classes\Interface\{73F2B3A1-5474-11D0-8236-00A0C908DB96}\ProxyStubClsid\<No Name> ÿ( gQr2& , z \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Classes\Interface\{73F2B3A1-5474-11D0-8236-00A0C908DB96}\ProxyStubClsid32 ÿ( € N gQr2& 6 „ \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Classes\Interface\{73F2B3A1-5474-11D0-8236-00A0C908DB96}\ProxyStubClsid32\<No Name> ÿ( gQr2& q \ Scuthold Town Board of Appeals -19- July '8, 't982 ENVIRONMENTAL DECLARATION: Appeal No'. 3010.~ Application~ of JOHN E. and PATRICIA A. CLARK. Variance to.cons%ruct.addition to dwelling leaving an insufficient rearyard setback. These matters have been scheduled'for Public hearing July 2 ,. 1982. On motion by Mr. Douglass, seconded by Mr Sawic'kl' it was ' , RESOLVED, to declare the following Negative EnvirOnmental Declaration concerning the matter of John E. and Patricia A..Clark: ENVIRONMENTAL DECL~ATION: l Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Secticn 44-4 of the Southo!d Town Code, net!ce is hereby given that the Southold Tcwn Board of Appeals has determined that the subject project as proposed in this appeal application is hereby classified as a Tv~e II Action not having a s~ ~=~ ~ ~ -- , -g..~.c=~= adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Fo~-m has been sukmitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. This declaration Should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. - Location of Property: 800 Albo Drive, Laurel, NY Vote of the Board: Ayes: Messrs Douglass and Sawicki ': ' G°ehringer, Grigonis, Doyen, 9E2DD40-5321-101C-96BF-040224009C02}\<No Name> ÿ( gQr2> InProcServer32 ÿ( € F gQr2> " ~ \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Classes\CLSID\{69E2DD40-5321-101C-96BF-040224009C02}\InProcServer32\<No Name> ÿ( gQr2> . ' e \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Classes\CLSID\{6A01FDA0-30DF-11d0-B724-00AA006C1A01} ÿ( € ( gQr2> 8 o \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Classes\CLSID\{6A01FDA0-30DF-11d0-B724-00AA006C1A01}\<No Name> ÿ( gQr2? InProcServer32 ÿ( € D gQr2? ~ \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Classes\CLSID\{6A01FDA0-30DF-11d0-B724-00AA006C1A01}\InProcServer32\<No Name> ÿ( € gQr2? ThreadingModel ÿ( gQr2? 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These'matters have been scheduled for public hearing July 29, 1982~ On motion by Mr. Douglass, seconded by Mr. Sawickil it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Mattituck Airbase Inc~: E~ViRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. DePartment of Environmental Conservation Act, Article 8 of the'Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed in this appeal application is hereby classified as a Tv~e II Action not hav~ng a ' ~=~ ~ ~ - , - szg ..... can~ adverse effect upon the environment for the following reason(s): An Environmental Assessment in the short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: 410 Airway Drive, Mattituck. Vote of the Board: Ayes: Messrs. Douglass and Sawicki '~ GoehrSnger, Grigonis, Doyen, € 4 gQr2Œ v \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Classes\CLSID\{C46C1BE4-3C52-11D0-9200-848C1D000000}\ProgID\<No Name> ÿ( gQr2Œ ~ \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Classes\CLSID\{C46C1BE4-3C52-11D0-9200-848C1D000000}\VersionIndependentProgID ÿ( € 0 gQr2Œ ( ˆ \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Classes\CLSID\{C46C1BE4-3C52-11D0-9200-848C1D000000}\VersionIndependentProgID\<No Name> ÿ( gQr2Œ 4 ' e \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Classes\CLSID\{C46C1BE6-3C52-11D0-9200-848C1D000000} ÿ( € gQr2Œ > o \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Classes\CLSID\{C46C1BE6-3C52-11D0-9200-848C1D000000}\<No Name> ÿ( gQr2 InprocServer32 ÿ( € 8 gQr2 ~ \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Classes\CLSID\{C46C1BE6-3C52-11D0-9200-848C1D000000}\InprocServer32\<No Name> ÿ( € gQr2 ThreadingModel ÿ( gQr2 ( l \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Classes\CLSID\{C46C1BE6-3C52-11D0-9200-848C1D000000}\ProgID ÿ( € > gQr2 2 v \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Classes\CLSID\{C46C1BE6-3C52-11D0-9200-848C1D000000}\ProgID\<No Name> ÿ( gQr2 > ~ \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Classes\CLSID\{C46C1BE6-3C52-11D0-9200-848C1D000000}\VersionIndependentProgID ÿ( € : gQr2Ž ˆ \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Classes\CLSID\{C46C1BE6-3C52-11D0-9200-848C1D Scuthold Town Board of Appeals ·-23- · July . 8, 1982 ENVIRONMENTAL DECLARATION: Appeal N0·. 2986.' ·Application of PETER D. PIZZARELLI. Variance for permission to'constr~ct- an addition to an existing access0ry building. These matters have been scheduled ~for Public h~aring July 29,.1982'. On motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Peter D. Pizzarell~: E~VIRON~ENTAL DECL~RATIO~: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation La%~;, and Section 44-4 of the Southo!d Town Code, no~ice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed in this ~al application is hereby classified as a TYpe II Action, not having a siqnificant adverse effect upon tke environment for the fol!o%~ing reason(s): An Environmental Assessment in the short Forum has been sukmitted which indicates that no significant advsrse effects were likely to occur should this project be implemented as planned. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: 5710 Indian Neck Lane, Peconic Vote of the Board: Ayes: Dougl~dd and Sawicki M~srs. Goehringer, Grigonis, Doyen, ctAnimation.DAPoint2 ÿ( € gQr2 [ \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Classes\DirectAnimation.DAPoint2\<No Name> ÿ( gQr2 CLSID ÿ( € N gQr2 " a \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Classes\DirectAnimation.DAPoint2\CLSID\<No Name> ÿ( gQr2 . 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Location ÿ( gQr2B 8 g \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Microsoft\Updates\Windows 2000\SP5\KB841873\Filelist\1 ÿ( € gQr2€B p \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Microsoft\Updates\Windows 2000\SP5\KB841873\Filelist\1\FileName ÿ( € gQr2€B Version ÿ( € 2 gQr2€B BuildDate ÿ( € gQr2€B " BuildCheckSum ÿ( € $ gQr2€B , Location ÿ( gQr2€B 6 g \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Microsoft\Updates\Windows 2000\SP5\KB841873\Filelist\2 ÿ( € gQr2B p \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Microsoft\Updates\Windows 2000\SP5\KB841873\Filelist\2\FileName ÿ( € gQr2B Version ÿ( € 2 gQr2B BuildDate ÿ( € gQr2B BuildCheckSum ÿ( € $ gQr2B * Location ÿ( gQr2B 4 g \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Microsoft\Updates\Windows 2000\SP5\KB841873\Filelist\3 ÿ( € gQr2B > p \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Microsoft\Updates\Windows 2000\SP5\KB841873\Filelist\3\FileName ÿ( € gQr2‚B Version ÿ( € 2 gQr2‚B BuildDate ÿ( € gQr2‚B BuildCheckSum ÿ( € 6 gQr2‚B ( Location ÿ( gQr2‚B 4 g \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SOFTWARE\Microsoft\Updates\Windows 2000\SP Southold Town Board of Appeals -26- J~y 8, 1982 Regular Mtg. (Appeal No. 3005 - William E. and Paula Tuite, continued:) 21,500 square feet, with frontage of 99.85 feet along Midway Road and having an average depth of 216 feet. Existing on the premises are a 1½-story, one-family private dwelling with an enclosed 7' by 13½' porch and an accessory one-story frame garage situated in the frontyard area approximately 6'7" from the existing dwelling structure and which leaves a sideyard setback at 7'7". Upon the premises westerly of the subject premises is an accessory one-story frame garage situated in their frontyard 2'3½" from their east side line. Under these circum0 stances, the board is of the opinion that the insufficient setback has been established and that the reasoning of appellant is practical and reasonable. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique and practical difficulties have been shown; 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 appellant, 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. 3005, application of WILLIAM E. AND PAULA TUITE, requesting permission to construct addition to existing dwelling, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the east side yard setback be no closer than 8'6" as requested, and 2. That the west side yard area be not reduced less than 18 feet as presently exists. Location of Property: South Side of Midway Road, Southold, NY; Cedar Beach Park Filed Map No. 90, Lot 113; County Tax Map Parcel No. 1000-90-2-6. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals -27- July 8, 1982 Regular Mtg. Being there was no further business properly coming before the board at this time, the Chairman declared the meeting closed at approximately 10:35 p.m. Respectfully submitted, Linda F. Kowalski Secretary Southold Town Board of Appeals RECEIVED AND FILED BY ~ ~o~o~ ~o~, c,.~.~