HomeMy WebLinkAboutZBA-04/27/1983-SPECAPPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER. CHAiRMAN
CHARLES GRIGONIS. JR.
SERGE DOYEN. JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Southold Town Board of Appeals
MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I,, N.Y. 11973
TELEPHONE (516~ 765-1809
MINUTES
SPECIAL MEETING
APRIL 27, 1983
A Special Meeting of the Southold Town Board of Appeals was
held on Wednesday, April 27, 1983 at 7:00 p.m. at the Southold
Town Hall, Main Road, Southold, New York.
Present were: Gerard P. Goehringer, Chairman; Serge Doyen;
Robert J. Douglass and Joseph H. Sawicki. Absent was: Charles
Grigonis (illness). Also present was Victor Lessard, Administra-
tor (Building Department).
The Chairman opened the meeting at 7:00 p.m.
NEW DATE FOR NEXT REGULAR MEETING: The board had previously
scheduled the 19th of May as the date for the next regular meeting.
Inasmuch as several requests have been made to have the Regular
Meeting on a Friday evening, the board declared that the next
Regular Meeting shall be held Friday, May 27, 1983, commencing
at 7:30 o'clock p.m., rather than May 19th or May 20th.
On motion by Mr. Sawicki, seconded by Mr. Doyen, it was
RESOLVED, to rescind the previous resolution of this board
which declared the 19th of May, 1983 as the date of the next
Regular Meeting, and it was further
RESOLVED, that the new date for the next Regular Meeting be
and hereby IS SCHEDULED FOR FRIDAY, MAY 27, 1983 to be held at
the same place, Southold Town Hall, Main Road, $outhold, New
York, at the same time, commencing at 7:30 o'clock p.m.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Douglass and Sawicki. Member Grigonis was absent.
Southold Town Board of ~ppeals -2- April 27,~983 Special Meeting
RESERVED DECISION: Appeal No. 3092.
Upon application of ERNEST H. PRUSSNE~, 910 Old Shipyard Lane,
Southold, NY for a Variance to the Zoning Ordinance, Article III,
Section 100-31, Bulk Schedule, for permission to construct extension
reducing the rearyard setback and exceeding the 20% maximum allowable
lot coverage at 910 Old Shipyard Lan~, Sou~hold, NY.; Founders Es-
tates Map 834, Subd. Lot 91; County Tax Map Parcel ID No. 1000-064-
04-022.
The public hearings concerning this application were held on
Wednesday, March 23, 1983 and Wednesday, April 20, 1983.
The board made the following findings and determination:
By this appeal, appellant is seeking permission to build an
extension at the rear of his existing residence, to wit: (a) 24' by
23' library and den area, (b) 13' by 17' bedroom area, (c) 10' by
17' bath, closet and laundry area, (d) 2' by 6' entrance area. The
total square footage proposed within the new addition is 909 square
feet; the total square footage existing on the premises is 1840 square
feet; total new and existing proposed is 2749 square feet.
The premises in question contains an area of 11,250 square feet,
with 75' frontage along Old Shipyard Road at Founders Estates, Southold,
and is more particularly referred to as Subdivision Lot #91 as shown
on Founders Estates Subdivision Map ~834, and County Tax Map District
1000, Section.64, Block 004, Lot 22.
Article III, Section 100-31 and Bulk Schedule of the zoning code
requires a maximum of 20% of total lot coverage in this A-Residential
District, or 2250 square feet. At the hearing applicant's attorney
submitted a revised sketch which indicates a reduction in the westerly
sideyard area to 9'3", and 7'3" from the stoop area. It is the opinion
of the board that a total lot coverage of 2600 square feet is more
feasible in light of the character of the neighborhood under these
circumstances. It is also the opinion of the board that there shall
be no reduction ~n the westerly sideyard area, and therefore the
addition must remain in line with the westerly side of the dwelling,
or if the addition must be jutted out, the sideyard setbacks must be
in compliance with the requirements of the zoning code.
In considering this appeal, the board determines that the
variance relief granted herein is not substantial in relation to
the requirements of the zoning code; that the circumstances are
unique; that by allowing the variance as indicat~d~below no detri-
ment to adjoining properties will be created; that the difficulty
cannot be obviated by a method feasible for appellant other than
a variance; that the relief will be in harmony with and promote
the general purposes of zoning; and in view of the manner in which
the difficulty arose and in consideration of all the above factors,
the interest of justice will be served by allowing the variance as
indicated below.
-- On motion by Mr. Sawicki, seconded by Mr. Douglass, it was
~ Somthold Town Board o~ ~,{ppeals -3- April ~ 1983 Special Meeting
(Appeal No. 3092 - ERNEST H. PRUSSNER, continued:)
RESOLVED, that Appeal No. 3092, application for ERNEST H.
PRUSSNER, for permission ~to construcH addition, BE AND HEREBY
IS APPROVED SUBJECT TO THE FOLLOWING RESTRICTIONS:
1. That the total lot coverage (existing and proposed)
shall not exceed 2600 square feet;
2. That the sideyard setback must be in compliance with the
zoning code.
Location of Property: 910 Old Shipyard Lane, Southold, NY;
Founders Estates Map 834, Lot 91; County Tax Map Parcel No.
1000-064-04-022.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and S~wicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
RESERVED DECISION: Appeal No. 3106 - ANDREW KRUPSKI.
Upon application for ANDREW KRUPSKI and another, by William B. Smith,
220 Mechanic Street, Southold, NY for a Variance to the Zoning Ordinance,
Article III, Section 100'31 for approval of two lots having insufficient
area and width. Location of Property: Lots 23, 24 and 25 of Subdivision
Map of Jonathan T. Overton; more particularly known as 1480 Town Harbor
Lane, Southold, NY; County Tax Map Parcel No. 1000-064-05-12 and 13.
The public hearing concerning this application was held on April 20,
1983, at which time the hearing was declared closed pending deliberations.
The board made the following findings and determination:
By this appeal, appellant seeks approval to re-separate the premises
in question into two substandard lots, to wit, Lot A having an area of
14,937 square feet with 75-foot road frontage, and Lot B having an area
of 15,862 square feet with 75-foot road frontage. The total premises in
question consists of three 50-foot wide subdivision lots as shown on
Map of Jonathan T. Overton approved January 4, 1932.
Existing on proposed Parcel A are a two-story, one-family frame
dwelling loCated four feet from the northerly side line, and an acces-
sory garage located two feet from the northerly side line at its nearest
point. Proposed Parcel B is vacant. Upon inspecting the vicinity of
these premises and in researching town records, it is found that most
of the lots in this neighborhood are of the size as that proposed by
this application.
In considering this appeal, the board determines that the variance
request is not substantial in relation to the established neighboring
lots; that the circumstances are unique; that by allowing the variance
no substantial detriment to adjoining properties will be created; that
Southold Town Board of<~ppeals -4- April 27,~1983 Special Meeting
(Appeal No. 3106 - ANDREW KRUPSKI, continued: )
the difficulty cannot be obviated by a method feasible for appellant
other than a variance; that the relief requested will be in harmony
with and promote the general purposes of zoning; and in view of the
manner in which the difficulty arose and in consideration of all the
above factors, the 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. 3106, application for ANDREW KRUPSKI
and another, for approval of two lots having insufficient area and
width as applied, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOW-
ING CONDITIONS:
1. That all future construction must comply with all sideyard
setback restrictions;
2. That all future construction must comply with all other
zoning requirements.
Location of Property: 1460 Town Harbor Lane, Southold, NY;
Map of Jonathan T. Overton, Subdivision Lots 23, 24 and 25; County
Tax Map Parcels No. 1000-064-05-12 and 13.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
RESERVED DECISION: Appeal No. 3105 - N. CHARLES AN~ SYLVIA DeLUCA.
Upon application for N. CHARLES AND SYLVIA DeLUCA, by Richard F.
Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordi-
nance, Article III, Section 100~31, Bulk Schedule for permission to
construct one-family dwelling with deck addition with an insufficient
rearyard setback, at 1235 Wells Road, Peconic, NY; County Tax Map
Parcel No. 1000-86-2-part of 1.
The public hearing on this matter was held on April 20, 1983, at
which time the hearing was declared closed pending deliberations.
The board made the following findings and determination:
By this appeal, appellants seek permission to construct a deck
at the rear of a one-family dwelling which is under construction 15'
into the rearyard area, which would leave a 35' setback from the
easterly line abutting the "area of questionable title." The parcel
in question is located at the east side of Wells Road, Peconic witk
a road frontage of 627.24 feet and an area of 116,000 square feet.
The premises in question is also depicted as Lots No. 3 and 4 on Minor
Subdivision Map for the "Estate of George Wells" approved October 18,
1979.
It is the opinion of the board that the new dwelling construction
Southold Town Board o~ Appeals -5- April 2Y, 1983 Special Meeting
(A~peal No. 3105 - N. CHARLES AND SYLVIA DeLUCA, continued:)
as exists was built within reason considering the elevations of the
property and the location of the meadowland. The new dwelling is set
back from Wells Road 50 feet. Applicant is required to be a minimum of
75' landward of the tidal wetland boundary as per plans submitted to
the N.Y.S. Department of Environmental Conservation under Permit
~10-82-0515. Under the circumstances, the board finds that the appli-
cation is no~ unreasonable.
In considering this appeal, the board determines that the variance
request is not substantial in relation to the requirements of zoning;
that the circumstances are unique; that by allowing the variance
no substantial detriment to adjoining properties will be created; that
the difficulty cannot be obviated by a method feasible for appellant
other than a variance; that the relief requested will be in harmony
with and promote the general purposes of zoning; and in view of the
manner in which the difficulty arose and in consideration of all the
above factors, the 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. 3105, application for N. CHARLES AND
SYLVIA DeLUC~, for permission to construct 15' deck leaving an
insufficient rearyard setback at 35', BE AND HEREBY IS APPROVED SUB-
JECT TO THE FOLLOWING CONDITION:
That the deck never be enclosed.
Location of Property: 1235 Wells Road, Peconic, NY; Minor
Subdivision Lots 3 and 4 of "Map of the Estate of George Wells";
County Tax Map Parcel No. 1000-86-2-1.2.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
RESERVED DECISION: Appeal No. 3098 - HENRY JOHN PAVLAK.
Upon application of HENRY JOHN PAVLAK, 3505 Grand Avenue, Mattituck,
NY for a Variance to the Zoning Ordinance, Article III, Section 100-32
for permission to construct accessory garage structure in the sideyard
area. Location of Property: 3505 Grand Avenue, Mattituck, NY; County
Tax Map Parcel No. 1000-107-01-005.
The public hearing on this matter was held on April 20, 1983, at
which time the hearing was declared closed pending deliberations and
pending receipt of further information requested at the hearing.
The board made the following findings and determination:
By this appeal, appellant seeks permission to construct a 22' by
32' accessory garage structure to be located in the northeasterly
So~thold Town Board or-Appeals -6- April 27~, 1983 Special Meeting
(Appeal No. 3098 HENRY JOHN PAVLAK, continued:)
sideyard area, approximately 65' from the existing 1½-story frame
dwelling, and between 10 and 15' from the rear property line. The
parcel in question contains an area of .9265 acre with 228.12' front-
age along Grand Avenue. The depth of this parcel in the area of
the existing dwelling and proposed garage is 94.89 feet; the dwelling
is set back 42' from Grand Avenue leaving very minimal rearyard
building area. It is the opinion of the board that the relief
requested is reasonable and most feasible u~der the circumstances.
In considering this appeal, the board determines that the variance
request is not substantial in relation to the requirements of zoning;
that the circumstances are unique; that by allowing the variance
no substantial detriment to adjoining properties will be created; that
the difficulty cannot be obviated by a method feasible for appellant
other than a variance; that the relief requested will be in harmony
with and promote the general purposes of zoning; and in view of the
manner in which the difficulty arose and in consideration of all the
above factors, the 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. 3098, application of HENRY JOHN PAVLAK
for permission to construct a 22' by 32' accessory structure for
garage purposes in the sideyard area as applied, BE AND HEREBY IS
APPROVED, SUBJECT TO THE FOLLOWING CONDITION:
That this accessory structure no~ exceed 15' from the rear
property line (and be no closer than 10' as requested).
Location of Property: 3505 Grand Avenue, Mattituck, NY; County
Tax Map Parcel No. 1000-107-01-05.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
NEW MATTERS FOR UUBLIC HEARINGS IN ADDITION TO THOSE PREVIOUSLY
SCHEDULED: On motion by Mr. Douglass, seconded Dy Mr. Goehringer, it
was
RESOLVED, that the following matters BE AND HEREBY ARE SCHEDULED
for public hearings in addition to those previously scheduled, for
FRIDAY, MAY 27, 1983:
Appeal No. 3127 - HILDEGARD MORAND.
Appeal No. 3128 - JOHN FLOWERS.
Vote of the Board: Ayes: Messrs. Goehringer, Do~en, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
Southold Town Board o'~ppeals -7- April ~-~ 1983 Special Meeting
RESERVED DECISION: Appeal No. 3102 - JOHN F. AND MARY McFEELY.
Upon application for JOHN F. AND MARY McFEELY, by Gandia Associates,
19 Brookfield Road, Northport, NY for a Variance to the Zoning Ordinance,
Article III, Sections 100'31 and 100-32 for permission to locate dwelling
with an insufficient sideyard setback from the east side line, and estab-
lishing frontyard location of existing garage structure. Location of
Property: South Side of Peconic Bay Boulevard, Laurel; County Tax Map
Parcel NO. 1000-128-02-009.1.
The public hearing on this matter was held on April 20, 1983, at
which time the hearing was declared closed, pending deliberations.
The board made the following findings and determination:
By this appeal, applicants seek permission to construct a one-family
dwelling with an insufficient easterly sideyard setback at 10' at its
closest point and at 14.5' from its closest point to the westerly sideyard
line. The dwelling proposed is a two-story framed structure with
attached garage. The parcel in question contains an area of approxi-
mately 42,700 square feet and has a width along Peconic Bay Bouelvard
of 94.66' The existing garage structure is located at 12.3' from
the easterly sideyard line and is situated approximately 245' from
Peconic Bay Boulevard. Upon inspecting the vicinity of the subject
parcel, the board finds there are similar circumstances and therefore
applicants' request is no~ unreasonable.
In considering this appeal, the board determines that the variance
request is not substantial in relation to the requirements of zoning;
that the circumstances are unique; that by allowing the variance
no substantial detriment to adjoining properties will be created; that
the difficulty cannot be obviated by a method feasible for appellant
other than a variance; that the relief requested will be in harmony
with and promote the general purposes of zoning; and in view of the
manner in which the difficulty arose and in consideration of all the
above factors, the interests of justice will be served by allowing the
variance as indicated below.
On motion by Mr. Goehringer, seconded by Mr. Douglass, it was
RESOLVED, that Appeal No. 3102, application for JOHN F. and
MARY McFEELY, BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING
CONDITION:
There will be no further sideyard reductions.
Location of Property: South Side of Peconic Bay Boulevard,
Laurel, NY; County Tax Map Parcel No. 1000-128-2-9.1.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sa~icki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
For the record, it is noted that this parcel was the subject
of a prior appeal application, Appeal No. 2067, decision rendered
7/24/75 in the consideration of the separation of this parcel from
an adjoining parcel. , , ,
So~thold Town Board O~/Appeals -8- April ~., 1983 Special Meeting
RESERVED DECISION: Appeal No, 3097 a ROBERT AND JOANNE DEVOE.
Upon application for ROBERT and JOANNE DEVOE, by Irving L. Price, Jr.,
Esq., 828 Front Street, Greenport, NY, for a Variance to Section 280-A,
New York Town Law, for approva~ of access over a private right-of-way
located off the north side of Main (S.R. 25) Road, at Terry's Point,
Orient, NY; Parcel in Question: Subdivision Lot 3 of Minor Subdivision
of Jonathan D. Stern; County Tax Map Parcel No. 1000-17-02'001.2.
The public hearing on this matter was held on April 20, 1983, at
which time the hearing was declared closed pending deliberations.
The board made the following findings and determination:
By this appeal, appellants seek approval of access over a private
right-of-way commencing at a point located at the north side of the
Main Road and extending northerly approximately 480 feet to the begin-
ning of the Subdivision of "Jonathan D. Stern at Orient,. The
right-of-way extending within the subdivision in question is not
within the purview of this board.
The 480' right-of-way as shown the survey submitted with this
application surveyed by Van Tuyl and Son June 25, 1970 has a legal
width of 33 feet and has a varied traveled, improved width of between
nine and 12 feet. The macadam top course is broken in some areas.
Also, for the record it is noted that the subject right-of-way
is traversed by a large number of residents in the area and is the
legal access to these parcels and possibly others along abutting
rights-of-way.
In considering this appeal, the board determines that the variance
request is not substantial in relation to the requirements of zoning;
that the circumstances are unique; that by allowing the variance
no substantial detriment to adjoining properties will be created; that
the difficulty cannot be obviated by a method feasible for appellant
other than a variance; that the relief requested will be in harmony
with and promote the general purposes of zoning; and in view of the
manner in which the difficulty arose and in consideration of all the
above factors, the interests of justice will be served by allowing the
variance as indicated below.
On motion by Mr. Douglass, seconded by Mr. Sawicki, it was
RESOLVED, that Appeal No. 3097, application for ROBERT AND
JOANNE DEVOE for approval of access, BE AND HEREBY IS APPROVED
SUBJECT TO THE FOLLOWING CONDITIONS:
1. That on the first 148 feet, more or less, of macadam
be patched with bituminous material where necessary;
2. That on the next 265 feet, more or less, of medium-size
gravel course, have placed thereupon 4" of compacted medium-size
gravel (similar to present gravel) 12 feet in width;
3. That the next 82 feet, more or less, of concrete be
repaired or replaced with other materials, if and when damaged.
So'uthold Town Board o~-~Appeals -9- April 27, 1983 Special Meeting
(Appeal No. 3097 - ROBERT AND JOANNE DEVOE, continued:)
Location of Property: Subdivision Lot 3 of Subdivision of
Jonathan D. Stern at Orient; County Tax Map Parcel No. 1000-17-
02-001.2.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent due to illness.) This
resolution was unanimously adopted.
RESERVED DECISION: Appeal No. 2956 - PARKSIDE HEIGHTS CO.
(also known as GARDINERS BAY CONDOMINIUMS).
Upon application for PARKSIDE HEIGHTS CO., by David E. Kapell as
agent, 400 Front Street, Greenport, NY for a Special Exception to the
Zoning Ordinance, Article V, Section 100-50 to construct 18 dwelling
units in two buildings with accessory garages on premises zoned "M-1
General Multiple" and located on a private rightvof-way off the west
side of Shipyard Lane, East Marion, NY; Minor Subdivision of E. Kon-
tokosta, Subdivision Lot 3, Map 171; 1000-038-07-004.2.
The public hearing on this application was held on April 20, 1983,
at which time the hearing was declared closed pendinq deliberations.
The board made the following findings and determination:
This is an application for a Special Exception pursuant to Article
V, Section 100~50(B) of the Southold Town Zoning Code to construct 18
condominium (multiple-dwelling) units and four accessory garage struc-
tures on a 3.983-acre parcel located on an access road at the west side
of Shipyard Lane, East Marion, and more particularly known as District
1000, Section 038, Block 07, Lot 004.2. Each condominium unit will
have a total living area of 986 square feet; 850 square feet is the
minimum required, The lot area applied to each dwelling unit will be
a minimum of 9,000 square feet. Applicant proposes 9 dwelling units
in each of two separate structures. The maximum height requirement of
35' and all other zoning requirements will be adhered. Twenty-slx
open-parking spaces are proposed plus 18 garage spaces.
The premises in question is zoned "M-1 Multiple Residence" and
is not at this time improved. The subject premises has a frontage
along Gardiners Bay of 300 feet (at a tie line). The area of
unimproved land is 2.9 acres. The premises in question is also
located in an A-7 (El. 10') Flood Zone, and compliance will be met
with the Flood Plain Management Law.
In considering this appeal, the board determines: (1) that the
use will not prevent the orderly and reasonable use of adjacent
properties or of properties in adjacent use districts; (2) that the
use will not prevent the orderly and reasonable use of permitted or
legally established uses in the district wherein the proposed use
Sou~hold Town Board o~_.~ppeals -10- April ~., 1983 Special Meeting
(Appeal No. 2956 - PARKSIDE HEIGHTS CO., continued:)
is to be located, or of permitted or legally established uses in
adjacent use districts; (3) that the safety, health, welfare, com-
fort, convenience or order of the town will no~ be adversely affected
by the proposed use and its location; and (4) that the use will be
in harmony with and promote the general purposes and intent of this
chapter and the master plan.
On motion by Mr. Douglass, seconded by Mr. Sawicki, it was
RESOLVED, that Appeal No. 2956, application for PARKSIDE HEIGHTS
CO. (also known as GARDINERS BAY CONDOMINIUMS) for a Special Exception
to construct 18 condominium units in two separate buildings and four
accessory garage structures, BE AND HEREBY IS APPROVED SUBJECT TO THE
FOLLOWING CONDITIONS:
1. County Health Department requirements;
2. N.Y.S. Department of Environmental Conservation requirements;
3. Planning Board approval of the amended site plan;
4. Referral to the Suffolk County Department of Planning pursuant
to Sections 1323, et seq. of the Suffolk County Charter;
5. No reduction or change in lot area or lot lines except by
application to and approval by the Southold Town Planning Board, Board
of Appeals, and any other agencies having purview therefor;
6. No construction within 275' of ordinary high water;
7. No storm water run-off resulting from development or improve-
ments to be discharged into Gardiners Bay;
8. No loudspeakers or other noise-making devices may be per-
mitted which would disturb the neighborhood.
9. No sanitary disposal facility shall be constructed or installed
within 275' of ordinary high water, and shall be constructed or imstalled
under the authorization of the County Health Department.
Location of Property: R-O-W off the west side of Shipyard Lane,
East Marion, NY; Lot No. 3 of Minor Subdivision of E. Kontokosta,
Map ~171; County Tax Map Parcel No. 1000-038-07-004.2.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and
Sawicki. (Member Grigonis was absent due to illness.) This resolution
was unanimously adopted.
Sout~old Town Board of Appeals -11-
ApriI~7, 1983 Special Meeting
RESERVED DECISION: Appeal No. 3090 - CHESTER M. MAYER.
Upon application for CHESTER M. MAYER, 2265 King Street, Orient, NY,
by Rudolph H. Bruer, Esq., for a Variance to the Zoning Ordinance, Arti-
cle III, Section 100-35A for permission to erect fence exceeding the
maximum height requirement of four feet within the frontyard area at
2265 King Street, Orient, NY; County Tax Map Parcel No. 1000-26-2-43.2.
The public hearing on this application was held on March 23, 1983
at which time the bearing was declared closed pending deliberations.
The board made the following findings and determination:
By this appeal, appellant seeks to maintain an existing six-foot
high stockade-type fence along an 50~56' portion of the southeasterly
boundary of the subject premises which is deemed to be within the
frontyard area.
The premises in question is a 40,131 square-foot parcel located
at the northeasterly side of King Street, Orient, having frontage of
200 feet and an average depth of 201.74 feet, and is improved with a
one-family, two-story frame dwelling set back approximately 82' from
King Street.
Upon inspecting the premises and adjoining properties, the board
finds that the premises to the east of the subject property has con-
structed thereupon a one-family dwelling set back from King Street
approximately 22 feet, and technically the neighboring premises would
be able to have the same relief requested by this application withou~
a variance. It is the opinion of the board that the relief requested
herein is not unreasonable u~der the circumstances.
In considering this appeal, the board determines that the variance
request is not substantial ~n relation to the requirements of zoning;
that the circumstances are unique; that by allowing the variance
no substantial detriment to adjoining properties will be created; that
the difficulty cannot be obviated by a method feasible for appellant
other than a variance; that the relief requested will be in harmony
with and promote the general purposes of zoning; and in view of the
manner in which the difficulty arose and ~n consideration of all the
above factors, the interests of juStice will be served by allowing the
variance as indicated below.
On motion by Mr. Douglass, seconded by Mr. Sawicki, it was
RESOLVED, that Appeal No. 3090, application for CHESTER M. MAYER,
for permission to maintain (or re-erect) six-foot high fence extending
along an area near the southeasterly line of the premises, BE AND HEREBY
IS APPROVED, SUBJECT TO THE FOLLOWING CONDITION:
That the six-foot fence shall not be erected any closer than
36' to King Street along the southeast property line.
Location of Property: 2265 King Street, Orient, NY; County Tax
Map Parcel No. 1000~026~02-043.2.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent due to illness.) This
resolution was unanimously adopted.
Southold Town Board~of Appeals -12- April 27, 1983 Special Meetinc
MATTERS PENDING PLANNING BOARD: It was the consensus of the
board that the following matters no~ be ac=ed upon at this time
until review has been made and'.c~mments received from the Planning
Board:
Appeals No. 3100 and 3101 - ROGER L. MUNZ and V. CATALANO.
(Hearings held and closed 4/20/83)
Appeal No. 3094 NORTH FORK BAPTIST CHURCH. (Hearings held
3/23/83 and 4/20/83, at which time the hearing was
declared closed.)
INTERPRETATION REQUEST FROM BUILDING DEPARTMENT. The board
again reviewed and discussed the April 20, 1983 request of Victor
Lessard for the Building Department concerning a determination on
attached and accessory garages structures.
The Secretary was instructed to send the following response:
"...It is the consensus of the board that such a garage struc-
ture as noted in your April 20th letter shall be considered part
of the main principal dwelling if either of the fwo following types
of construction are used to connect same to the principal dwelling:
Roof having a minimum width of six to eight feet connected
to the principal dwelling; OR
Deck having a minimum of six to eight feet and at least
eight inches above ground, connected to the principal
dwelling .... "
Mr. Lessard acquiesced.
DATE FOR SPECIAL MEETING: On motion by Mr. Goehringer,
seconded by Mr. Douglass, it was
RESOLVED, that Thursday, May 19, 1983 at 7:00 p.m. is hereby
scheduled tentatively for the date of the next SPECIAL MEETING of
this board at the Southold Town Hall, Main Road, Sou~hold, New
York, for the purpose of bringing any and all transactions received
by that date up-to-date.
So~thold Town Board of-~Appeals -13-
April 27~,~1983 Special Meeting
(Tentative Special Meeting Date, con%inUed:)
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. [Member Grigonis was absent.] This resolution was
unanimously adopted.
NEW APPEAL NO. 3103 - J~MES McFARLAND by Peter Stou~enburgh.
WHEREAS, on March 22, 1983, Appeal No. 3103, application for
MR. AND MRS. JAMES McFARLAND was filed requesting permissio~ to
construct an addition to the existing dwelling with an insufficient
sideyard setback from the easterly sideyard line; and
WHEREAS, on March 28, 1983, correspondence was forwarded to the
applicant requesting approval from the N.Y.S. Department of Environ-
mental Conservation; and
WHEREAS, on April 20, 1983, a request was submitted in writing
in behalf of the applicants to withdraw this application;
NOW, THEREFORE, BE IT RESOLVED, that Appeal No. 3103, application
for MR. AND MRS. JAMES McFARLAND, BE AND HEREBY IS WITHDRAWN WITHOUT
PREJUDICE, as requested.
Vote of the Board: Ayes: Messrs. Goebringer, Doyen, Douglass
and Sawicki. [Member Grigonis was absent.] This resolution was
unanimously adopted.
ENVIRONMENTAL DECLARATIONS:
On motion by Mr. Douglass, seconded by Mr. Douglass, it was
RESOLVED, that the following Negative Environmental Declarations
are declared pursuant to the N.Y.S. Environmental Quality Review Act
and Local Law #44-4:
(continued on page 14)
Southold Town Board c Appeals -14-
(ENVIRONMENTAL DECLA~TIONS, continued: )
Ap~ % 27, 1983 Special Meeting
APPEAL NO.: 3127
PROJECT NAME: HILDEGARD MORAND
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: Addition, attaching nonconforming accessory
structure, leaving an insufficient sideyard setback (as a principal
structure with changes). ~
LOCATION OF PROJECT: Town of Southotd, County of Suffolk, more
particularly known as: 935 Ole Shipyard Lane, Southold, NY; Founders
Estates Map 834, Lot 107; County Tax Map No. 1000~64-05-021.
R~ASON.(.S~ ~SUPPORTING THIS DETERMINATION:
(!) 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,: 3128
PROJECT NAM_E: JOHN FLOWERS
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: IX] Type II [ ] Unlisted
DESCRIPTION OF ACTION: Garage in frontyard.
[ ]
LOCATION OF PROJECT: Town of Southo!d, County of Suffolk, more
particu~ar!y known as: 400 Conklin Road, Mattituck, NY; 1000-139-04-006.
REASON(S) SUPPORTING THIS DETERMINATION:
(i) An Environmental Assessment in the Short Fo~ 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 6~Appeals
-15-
AP~i~i 27, 1983 Special Meeting
(ENVIRONMENTAL DECLARATIONS, continued:)
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. [Member Grigonis was absent.] This resolution was
unanimously adopted.
INSPECTIONS DATE: The board agreed to inspect all sites which are
the sUbjeCt of the May 27th meeting on SATURDAY, MAY 21, 1983.
Being there was no other business properly coming before the
board at this time, the Chairman declared the meeting adjourned at
apProximately 9:30 p.m.
RECEIVED AND /LED BY
T~E SOUl, OLD TOV~N CLERK
~Tb~ Clezk, Town o~ ~o!d
Respectfully submitted,
Linda F. Kowalski, Secretary
Southold Town Board of Appeals