HomeMy WebLinkAboutZBA-12/19/1983 SPECSouthold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L,I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
-GERARD P. GOEHRINGER. CHAIRMAN
CHARLES GRIGONIS. JR.
SERGE DOYEN. JR,
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
MINUTES
SPECIAL MEETING
DECEMBER 19, 1983
A Special MeetiRg-of.the Sou~hold Town Board of Appeals was
held on Monday, December 19, 1983 at 6:45 o'clock p.m. at the
Southold ToWn Hall, Main Road, Southold, New York.
Present were: Gerard P. Goehringer, Chairman; Charles
Grigonis, Jr.; Robert J. Do~glass and Joseph H. Sawicki. Absent
was Serge Doyen of Fishers Island. Also present was Victor Les-
sard, Administrator (Building Department) and several other persons
in the audience.
The Chairman called the meeting to order at 6:45 p.m.
APPROVAL OF MINUTES: On motion by Mr. Sawicki, seconded by
Mr. Grigpnis, it was
RESOLVED, to approve.the minutes of the Special Meeting held
by this board November 25, 1983~
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and.Sawicki. (Member Doyen of Fishers Island was absent.)
This resolution was unanimously adopted.
CORRESPONDENCE: The board members reviewed recent ~corres-
pondence from Mr. and Mrs. Jeff Miller concerning ROKE'S MARINA
d/b/a NEW SUFFOLK SHIPYAR~,~ New Suffolk Lane, New Suffolk. It
was the consensus of the board members that the inquiries made
in the letter did not appear to be within the jurisdiction of
the Z.B.A., and it was agreed by both departments that same be
discussed for a legal opinion with one of the town attorneys.
Southold Town Board of Appeals -2- December 19~ 1983
Special
Meeting
RESERVED DECISION: Appeal No. 3179.
Application for FRANCES SATRIANO and THE ESTATE OF MICHAEL SATRIANO
by Dolores Adolph, 763 Norman Drive, North Bellmore, NY 11710, for a
Variance to the Zoning Ordinance, Article III~ Section 100-31 for per-
mission to reseparate two substandards parcels having insufficient area,
width and depth, located at the west side of Fiddler Lane, Greenport~ NY;
County Tax Map Parcels NO. 1000-36-2-5 and 6.
The board made the following findings and determination:
By this appeal, applicant seeks a variance to the provisions of
Article III, Section 100-31, Bulk Schedule of the Zoning Code for
approval of two proposed lots containing 8,000 sq. ft. in area, 80'
lot width, and 100' lot depth each and located along the west side of
Fiddler Lane approximately 145 feet from its intersection with Manhanset
Avenue in Greenport, Township of Southold. Article III, Section 100-31,
Bulk Schedule, of the Zoning Code requires a minimum lot size of
80,000 sq. ft. in area, 175' lot width and 250' of lot depth as
amended by Local Law No. 9-1983.
In researching the history of the land in question, the board
finds as follows: (a) the lots were purchased by separate deeds
in July 1961 and September 1966; however, since the dates of pur-
chase have remained in the same ownership; (b) that on October 3,
1983, the applicant applied to the Building Department of the Town
of Southold for vacant land Certificates of Occupancy; (c) that
on October 3, 1983, the Building Department disapproved that appli-
cation pursuant to the provisions of Article III, Section 100-31;
(d) that the applicant applied to the Planning Board for a division
of land which was denied on February 7, 1983; (e) that on October 18,
198.3 the subject variance application was filed and a public hearing
was held on November 30, 1983.
The board members have personally visited the site in question
and are familiar with the surrounding neighborhood, including land
located on the east side of Fiddler Lane which was granted a variance
in Auqust 1, 1968 under Appeal No. 1193 authorizing the separation
of two lots during the Town of Southold's quarter-acre minimum zon-
ing requirement. It is the opinion of the board that the 1968 cir-
cumstances in Appeal No. 1193 (Lo Buynoch) were quite different from
the circumstances of this appeal.
In considering this appeal, the board determines: (1) that
the variance request is substantial in relation to the requirements
of the zoning code [by more than 100%]; (2) that the circum-
stances herein are-not unique; (3) that the practical difficulties
claim are not sufficient to warrant the granting of this variance;
(3) that substantial proof has not been shown; (4) that in allow-
ing the relief requested, the health safety, welfare and character
of the community will be affected; (5) that a substantial change
So~u~hold Town Board o~Appeals -3- December ] .... 1983 Special Meeting
(Appeal No. 3179 - FI~NCES SATRIANO and ESTATE OF MICHAEL SATRI_-~NO:)
will be produced in the character of the neighborhood if the variance
were granted [two parcels along the west side of Fiddler Lane contain
lot sizes substantially larger than that proposed; the remaining two
parcels along the west side of Fiddler Lane are 6,000 sq. ft. in area];
(6) that in view of the manner in which the difficulty arose and in
consideration of all the above factors, the interest of justice will
best be served by denying the variance.
Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki,
it was
RESOLVED, that Appeal No. 3179, application for FRANCES SATRIANO
and THE ESTATE OF MICHAEL SATRIANO, by Dolores Adolph, BE AND HEREBY
IS DENIED.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass
and Sawicki. (Member Doyen of Fishers Island was absent.) This
resolution was unanimously adopted.
PENDING RE-INSPECTION, DELIBERATIONS AND DECISION: Appeal No.
3180 - NICK AND ANNA ANDRIOTIS. Fence over 4' high in part of the
frontyard area of parcel located at Clark Road and Soundview Avenue,
Southold. The public hearing on t~is matter was held on November 30,
1983. Re-inspection of the fence is question was made on or about
December 17, 1983.
The board made the following findings and determination:
By this appeal, applicants seek permission to retain an exist-
ing stockade fence located at the southerly property line of the
premises in question commencing at a point approximately 50 feet
west of Clark Road and extending to the most westerly property line
at a maximum height of five feet. The premises in question is
shown on the Suffolk County Tax Map as District 1000, Section 51,
Block 3, Lot 14, and is improved with one one-family dwelling set
back a minimum of 83 feet from Soundview Avenue and 150 feet from
Clark Road. Adjoining the subject premises on the south is a
parcel of land improved with one one-family dwelling which is
set back from Clark Road approximately 50 feet.
For the record it is noted that the abutting premises on the
south could be issued a buildinq permit for the same project
requested by this variance inasmuch as his frontyard area ends
at the 50-foot mark, and the premises in question has a frontyard
area from the 150-foot mark (from the existing house). The
zoning code permits fences only in the side and rear yard areas
at a maximum height of 6'6"; however, frontyard areas are permitted
fences at a maximum height of four feet.
In considering this appeal, the board determines: (1) that
Southold Town Board or'Appeals -4- December l~.~ 1983 Special Meeting
(Appeal No. 3180 NICK AND ANNA ANDRIOTIS, continued:)
the practical difficulties have been shown and are sufficient to
warrant the granting of the application as noted below; (2) that
the relief as noted below is substantial in relation to the
requirements of the zoning code; (3) that the circumstances are
unique; ('4) that the relief as approved will be in harmony with
and promote the general purposes of zoning of the protection and
promotion of the public health, safety and welfare; (5) that the
interests of justice would be served by approving the application
as noted below.
On motion by Mr. Douglass, seconded by Mr. Grigonis, it was
RESOLVED, that Appeal No. 3180, application of NICK AND ANNA
ANDRIOTIS for permission to retain five-foot high stockade fence
along the southerly boundary line within the frontyard area,
BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITION:
That the fence shall not exceed a height of four feet within
the first 50' of Clark Road, as exists at the present time.
Location of Property: 21120 Soundview Avenue and Clark Road,
Southold, NY; County Tax Map Parcel No. 1000-51-3-14.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was absent.)
This resolution was unanimously adopted.
RESERVED DECISION: Appeal No. 3182.
Application for DR. AND MRS. SAUL ROSENSTREICH, by Skinny Dip Pools
Inc., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance,
Article III, Section 100-32, for permission to construct inground swim-
mingpool, deck and fencing in the frontyard area of this parcel, known
as 645 Little Peconic Bay Road and 3700 Haywaters Road, Nassau Point
Club Properties Map 806, Lot 417; County Tax Map Parcel No.. 1000-111-
11-009.
On December 9, 1983, the Z.B.A. office received copies of the
requested sketch indicating the exact distances for all existing and
proposed structures from the property lines.
The board made the following findings and determination:
By this appeal, applicants seek permission to construct an acces-
sory inground swimmingpool with deck and fencing in the frontyard area
located south of the existing two-story, one-family frame dwelling
structure approximately 42 feet. The applicants have proposed the
fence and decking with a zero setback from the westerly side property
Southold Town Board of Appeals -5- December i9, 1983 Special Meeting
(Appeal No. 3182 - SAUL AND SUSAN ROSENSTREICH, continued:)
line, and a set back from Little Peconic Bay Road of not less than
30 feet.(from the fence and deck areas at its nearest point).
Also existing presently on the premises is a split rail fence which
commences at a point eight feet north of Little Peconic Bay Road
and thence running approximately three feet from Haywaters Road, as
shown on the sketch submitted and received December 9, 1983. The
house as exists is lOcated at the most northerly section of the
subject parcel. Inasmuch as this parcel is a corner lot as defined
by Article I, Section 100-13, Definitions, the most practical build-
ing area is technically this frontyard area, requiring relief from
Article III, Section 100-32 which permits accessory buildings in an
"A-Residential and Agricultural" Zone only in the rearyard area.
In considering this appeal, the board determines: (1) that
the practical difficulties have been shown and are sufficient to
warrant the granting of the application as noted below; (2) that
the relief as noted below is substantial in relation to the
requirements of the zoning code; (3) that the circumstances are
unique; (4) that the relief as approved will be in harmony with
and promote the general purposes of zoning of the protection and
promotion of the public health, safety and welfare; (5) that the
interests of justice would be served by approving the application
as noted below.
Accordingly, on motion by Mr. Goehringer, seconded by Mr.
Douglass, it was
RESOLVED, that Appeal No. 3182, application for DR. AND MRS.
SAUL ROSENSTREICH for an inground swimmingpool with deck and
fencing, BE AND-HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CON-
DITIONS:
1. No new structure (including deck or new fences) to be
built within three feet of the westerly property line [except
fence along property line if desired at some time in future];
2. No new structure to be built at any time in the future
within 30 feet of the property line along Little Peconic Bay Road
for visibility.
Location of Property: 645 Little Peconic Bay Road and 3700
Haywaters Road, Nassau Point Club Properties Map 806, Lot 417,
Cutchogue, NY; County Tax Map Parcel No. 1000-111-11-009.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Pishers Island was absent.)
This resolution was unanimously adopted.
Southold Town Board oS Appeals -6-
December I~ 1983 Special Meeting
PENDING DECISION/REINSPECTION: Appeal No. 3190. WILLIAM BURKHARDT.
The public hearing on this matter was held and closed on November 30,
1983. All of the board members did not have an opPortunity to reinspect
the subject premises since the public hearing, and therefore this
matter was held over, temporarily, until the next meeting of this
board, to wit: December 28, 1983.
PENDING DECISION: Appeal No. 3167. ROBERT J. DOUGLASS. Mr.
Lessard advised the board that a court decision has not been rendered
in the matters before the Building Department. Mr. Douglass indicated
that no time extensions could be given in his behalf. The Chairman
asked to discuss this matter later tonight..
RESERVED DECISION: Appeal No. 3188 - RICHARD JARZOMBEK for
RAYMOND PLUSCHAU.
Application of RICHARD JARZOMBEK for RAYMOND PLUSCHAU, (Osborn
Avenue, Baiting Hollow, NY for a Variance to the Zoning Ordinance,
Article III, Section 100-32(A) for permission to construct accessory
windmill exceeding the maximum height requirement of 18 feet at
premises known as 5520 Narrow River Road, Orient, NY; County Tax
Map Parcel No. 1000-027-02-004.
The public hearing on this application was held on November 30,
1983. Since the date of the public hearing, Mr. Pluschau agreed to
change the location of the proposed windmill tower to within an
area presently used for horses. On December 19, 1983, an amended
sketch was submitted for the board's consideration together with
an explanatory letter from the applicant. The reasoning for the
amendment is due to the fact that the original location was in
an area used by customers using the marina and used for parking.
The board made the following findings and determination:
By this appeal, applicant seeks permission to locate an acces-
sory windmill tower within the horse corral area as noted on the
sketch plan and more specifically, located a minimum of 50 feet
from the horse barn, minimum of 50 feet from Narrow River Road and
a minimum of 50 feet from the existing small house. ~Article III,
Section 100-32, Subsection (A) requires accessory structures to
be located in the rearyard not exceeding 18 feet in height. The
proposed height of this tower is 40 feet, which is the minimum
to the best of the board's knowledge that such wind towers have
been constructed in order to operate effectively. Wind towers
are a source of energy and in the board's opinion are necessary.
The board agrees with the reasoning of the applicant.
- In considering this appeal, the board determines: (1) that
So~hold Town Board 0f~Appeals -7- December ~, 1983 Special Meeting
(Appeal No. 3188 - RAYMOND PLUSCRAU, continued:)
the practical difficulties have been shown and are sufficient to
warrant the granting of the application as noted below; (2) that
the relief as noted below is substantial in relation to the
requirements of the zoning code; (3) that the circumstances are
unique; (4) that the relief as approved will be in harmony with
and promote the general purposes of zoning of the protection and
promotion of the public health, safety and welfare; (5) that the
interests of justice would be served by approving the application
as noted below.
Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis,
it was
RESOLVED, that Appeal No. 3188, application for RAYMOND PLUSCHAU
by Richard Jarzombek for an accessory windmill exceeding the maximum
height requirement of 18 feet, BE AND HEREBY IS APPROVED AS AMENDED
SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the ~ower be no closer than 50 feet from Narrow River
Road;
2. That the tower not be Closer than 50 feet from the cottage
as requested;
3. That the tower not be closer than 50' from the barn, as
requested;
4. Any static or other noise interferences must be controlled
and eliminated by property owner.
Location of Property: 5520 Narrow River Road, Orient, NY;
County Tax Map Parcel No. 1000-027-02-004.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was absent.)
This resolution was unanimously adopted.
S6u.thold Town Board o~Appeals -8- December 1' 1983 Special Meeting
RESERVED DECISION: Appeal No. 3120.
Application of WARREN AND ELLEN HUFE by Marcia Z. Hefter, Esq., 108
East Main Street, Riverhead, NY for a Variance to the Zoning Ordinance,
Articles VI, Section 100-60, and VIII, Section 100-80(B) [1] for permis-
sion to establish a machine shop for manufacture of hardware, a use
permitted in the "C-Light Industrial" Zone. The subject premises is
zoned "B-Light Business" and is located at the South Side of C.R. 48,
Southold, NY; County Tax Map Parcel No. 1000-59-10-005.
The public hearing concerning this application was held on
October 27, 1983. The site plan concerning this application was
filed with the Planning Board; however, at its October 11, 1983
meeting, the Planning Board decided to hold their action temporarily
in abeyance pending actions by the Z.B.A.
By this appeal, applicants seek a use variance for permission to
establish a machine shop for the manufacture of surgical hardware,
computer hardware, and aerospace hardware in a "B-Light Business"
District. Such a use is permitted only in the "C-Light Industrial"
and "C-General Industrial" Districts by Special Exception from the
Board of Appeals pursuant to Article VIII, Section 100-80(B) [1] and
Article IX, Section 100-91. Prior to the amendments of the zoning
ordinance and zoning maps on November 23, 1971, similar uses for
manufacturing and fabricating were permitted in a "B-Business" Dis-
trict under the prior Article IV, Section 400, for which the subject
premises was zoned. On November 23, 1971, the zoning for these
premises and the surrounding business properties were amended to
disallow these manufacturing, fabricating and other uses in all the
"B-Business" Districts, and accordingly permitting these same uses
only in the "C-Industrial" Districts as noted above.
Ail of the members of this board are familiar with the property
in question as well as the surrounding neighborhood. The property
in question is located on the south side of County Road 48, Southold,
and is shown on the Suffolk County Tax Map as District 1000, Section
59, Block 10, Lot 5. The premises comprises an area of 15,618 sq. ft.
as shown on the site plan dated September 1, 1983, and is vacant.
The parcel adjoining on the west was divided from the subject parcel
in 1968 by the applicants herein by conveyance (1000-59-10-4, now
of E. Koster). Said premises is improved with a one-story concrete
block building used for light manufacturing since prior to the zoning
amendments in 1971.
On the north side of the dual lane highway are parcels also zoned
"B-Light Business." Two of those parcels are improved with buildings
Which were construCted about 1957 and used for light manufacturing or
fabricating since prior to the change in zoning in 1971.
Also, further west along the north side of C.R. 48 is a parcel
of land (1000-59-9-part of 30.2) improved with a new building, which
So~thold Town Board o~-Appeals -9- December 1~.' 1983 Special Meeting
(Appeal No. 3120 - WARREN AND ELLEN HUFE, continued:)
parcel was the subject of Appeal No. 2957 for Walter N. Pharr, Jr.
permitting wholesales in addition to retail sales in this "B-Light
Business" District and prohibiting light industry uses such as
fabricating or manufacturing.
Also, premises to the east and south of the subject parcel, and
premises adjoining the "B-Light Business" area in this neighborhood
are all zoned "A-Residential and Agricultural," some of which are
improved with one-family dwellings.
At the public hearing held on October 27, 1983, applicants'
attorney testified that it is the applicants' intention to relocate
their machine shop presently located at the north side of C.R. 48
to the parcel in question at the south side of C.R. 48 because they
need a more "square" building rather than a long, extended building
and that the size of their present building is not adequate. How-
ever, the board finds that the parcel upon which their present
business is located is a more "square" configuration, approximately
140' by 110', and that the parcel in question is "rectangular,"
an average of approximately 63.91 feet by 258.92 feet. The area
of each parcel is very similar in size, and it is the opinion of
the board that the parcel to be used does not lend itself to being
more adequate. The building proposed would contain 3,900 square
feet in area, having a width of 39 feet and depth of 100 feet, and
would be set back 35 feet from its nearest point to the front
property line along C.R. 48 (the road is curved), 15 feet from its
westerly side line and six feet from its easterly side line at its
nearest points. Parking for 12 vehicles is proposed in both the
front and. rear yard areas, which appear to be the maximum available
due to the size of this parcel.
It is noted that a new building in the "C" industrial district,
where this use could be conditionally permitted, ts required by the
Bulk Schedule to have: (a) a minimum sideyard setback of 30 feet,
(b) a minimum total of sideyards of 50 feet, (c) a minimum front-
yard setback of 50 feet, (d) a minimum rearyard setback of 50 feet.
It is also reflected that all of the board members are familiar
with the statements given at the public hearing including the
testimony of a local real estate broker.
The courts have held, that before a use variance may be granted,
the record must show, by dollars and cents proof, that the land in
question cannot yield a reasonable return if used only for a purpose
allowed in the zone district in which it is located, that the plight
of the owner is due to unique circumstances and not to the general
conditions of the neighborhood which may reflect the unreasonableness
of the zoning ordinance itself, and that the use to be authorized to
be used for the variance will not alter the essential character of
the neighborhood. Dollars and cents proof has not been presented in
So~thold Town Board of-Appeals -10- December 1~- .~ 1983 Special Meeting
(Appeal No. 3120 - WARREN AND ELLEN HUFE, continued:)
this case, and accordingly, the board must deny the use variance
requested.
NOW, THEREFORE, on motion by Mr. Douglass, seconded by Mr.
Goehringer, it was
RESOLVED, that Appeal No. 3120, application of WARREN AND ELLEN
HUFE for a use variance, BE AND HEREBY IS DENIED.
Location of Property: South Side of County Road 48, Southold, NY;
County Tax Map Parcel No. 1000-59-10-005.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass
and Sawicki. (Member Doyen of Fishers Island was absent.) This
resolution was unanimously adopted.
RESERVED DECISION: Appeal No. 3119.
Application of WARREN AND ELLEN HUFE by Marcia Z. Hefter, Esq., 108
East Main Street, Riverhead, NY for a Special Exception to the Zoning
Ordinance, Articles VI, Section 100-60, and VIII, Section 100-80(B) [1] for
permission to establish a "C-Light Industrial" use in this "B-Light
Business" Zone, at premises located at the South Side of C.R. 48,
Southold, NY; County Tax Map Parcel ID No. 1000-59-10-5.
WHEREAS, an application for a Special Exception was filed on
April 18, 1983, simultaneously with an application for a use variance
under Appeals No. 3119 and 3120, matter of WARREN AND ELLEN HUFE, and
WHEREAS, the public hearings concerning these applications were
held pursuant to law on the 27th day of October, 1983, and
WHEREAS, the use variance in Appeal No. 3120 concerning these
premises was denied by this board, same date hereof, disallowing
the use requested in these applications for a machine shop for
manufacture of hardware, a use permitted in the "C-Light Industrial"
Zone by special exception, and
WHEREAS, the subject premises is zoned "B-Light Business" and
such machine shop use is not a permitted use by Special Exception
under the current zoning ordinance;
NOW, THEREFORE, on motion by Mr. Douglass, seconded by Mr.
Goehringer, it was
RESOLVED, that Appeal No. 3119, application for WARREN AND ELLEN
Southold Town Board of Appeals -11- December 19, 1983 Special Meeting
(Appeal No. 3119 - WARREN AND ELLEN HUFE, continued:)
HUFE for a Special Exception, BE AND HEREBY IS DISMISSED under the
circumstances.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug-
lass and Sawicki. (Member Doyen of Fishers Island was absent.)
This resolution was unanimously adopted.
NEW APPLICATION - OTHER APPROVALS REQUIRED: Appeal No. 3200.
In accordance with the set of procedures agreed to January 12,
1982, the following action was made:
On motion by Mr~ Douglass, seconded by Mr. Goehringer, it was
RESOLVED, that Appeal No. 3200, application of ROBERT ENTENMANN
by Wickham, Wickham and Bressler, P.C. as attorneys, for approval
of insufficient area and width of one lot in his three-lot minor
subdivision, BE TEMPORARILY HELD IN ABEYANCE PENDING applications
to and receipt of comments from the Southold Town PLANNING BOARD
and the N.Y.S. DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
Location of Property: Sound Avenue, Mattituck, NY; County Tax
Map Parcel No. 1000-112-01-007.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was absent.)
This resolution was unanimously adopted.
NEW APPLICATION: Appeal No. 3196 - WALTER HAIRSTON. In
accordance with the set of procedures agreed to January 12, 1982,
the following action was taken:
On motion by Mr. Douglass, seconded by Mr. Goehringer, it was
RESOLVED, that Appeal No. 3196, application of WALTER AND
VIRGINIA HAIRSTON for approval of insufficient area and width of
two proposed parcels with existing dwellings, BE TEMPORARILY HELD
IN ABEYANCE PENDING REVIEW AND RECEIPT OF CO~ENTS from the South-
old Town PLANNING BOARD on the proposed subdivision layout.
Location of Property: Carole Road, Peconic, NY; County Tax
Map Parcel No. 1000-74-3-10.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was absent.)
This resolution was unanimously adopted.
Sou~hold Town Board of Appeals -12- December 1'~ 1983 Special Meeting
RESERVED DECISION: Appeal No. 3139.
Application of ROBERT W. GILLISPIE III, by Stephen R. Angel, Esq.,
108 East Main Street, Riverhead, NY for a Variance to the Zoning Ordi-
nance, Article VII, Section 100-71, Bulk Schedule, for approval of
insufficient area, width and sideyard setbacks of building in this
proposed two-lot division of property located at the northeast corner
of Main Road and Beckwith Avenue, Southold, NY; County Tax Map Parcel
Nos. 1000-61-02-005, 006 and 007.
The public hearing concerning this matter was held on October 27,
1983.
The board made the following findings and determination:
Appellants, under Appeal #3139, appealed a determination of the
Building Inspector which denied Appellants' application to divide the
subject premises into more than one parcel. On August 23, 1983, this
board granted Appellants' appeal to divide the premises with insuffi-
cient area and width, and with insufficient setbacks of existing
buildings, subject to two conditions, to wit: (1) That Parcel 1
shall contain no more than two separate (unrelated) professional
businesses [or one non-professional business]; (2) That Parcel 2
shall contain no more than one business; (i.e. real estate), with
accessory use only of existing barn bu~ilding.
Appellants' application for a rehearing of Appeal No. 3139 was
granted and a rehearing was held on October 27, 1983.
At the rehearing, Appellants raised essentially two issues:
(1) That the conditions imposed were improper, and (2) That the
board did not render any determination with respect to Appellants
application to construct an addition to-~he~ pr~Dcipa1 bui~diDg
located on Parcel 2.
There appears to be no dispute as to the facts in this appeal.
They are fully set forth in the board's August_23, 1983
With respect f0 the conditions imposed by the prior decision,
it is Appellants contention that such conditions do not relate to
the use of the 'subject premises, but to its 0~nership, since the
uses are permitted uses under the provisions of the Code, and, but
for the change in ownership, are allowed by the zoning Code. Upon
reconsideration of this appeal, th~_ board con6'iudes that Appellants
position has merit and, accordingly, rescinds the conditions imposed
in its August 23, 1983 decision ~d substitutes in their pla6~ the
conditions hereinafter set forth.
The second issue raised on the rehearing of this appeal is that
the board did not decide Appellants' request t0_.erect an addition
Sou~hold Town Board o~~ Appeals -13- December 1 1983 Special Meeting
(Appea~ No. 3139 - ROBERT W. GILLISPIE III, continued:)
to the principal building on Parcel 2. The proposed addition, as
shown on the plot plan filed with the board is to be 21 ft. wide from
east to west and 28 ft. long from north to south, to be set back 10
feet from the east side lot line and 12 feet from the west side lot
line, and to be attached to the rear of the existing principal build-
ing. Permission to construct such addition is hereby granted,
provided that the same does not exceed the above dimensions and
complies with the above specified sideyard requirements.
Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki,
it was
RESOLVED, that Appeal No. 3139, application of ROBERT W. GILLIS-
PIE III and others, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING
CONDITIONS, TO WIT:
1. The division line shall be as shown on the map entitled, "Map
of Proposed Minor Subdivision made for Robert W. Gillispie III, Irwin
R. and Ceil Kaplan, and Shirley and Paul Caminiti at Southold, Town
of Southold, New York" prepared by Roderick VanTuyl, P.C. as surveyed
on March 7, 1983;
2. That off-street parking for each parcel shall be provided
and shall conform to the provisions of Section 100-112 of the
Southold Town Zoning Code;
3. That the division of the premises be obtained by the Southold
Town Planning Board as a setoff or subdivision;
4. That the Appellants obtain Site Plan approval' for each parcel
from the Southold Town Planning Board pursuant to Article VII, Section
100-70(A) and Article XIII of the Code;
5. That this determination be referred to the Suffolk County
Planning Commission for its review, pursuant to the provisions of
the Suffolk County Charter.
Location of Property: Northeast corner of Main Road and Beckwith
Avenue, Southold, NY; County Tax Map Parcel Nos. 1000-61-02-005, 006
and 007.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug-
lass and Sawicki. Member Doyen of Fishers Island was absent. This
resolution was unanimously adopted.
Southold Town Board of Appeals -14- December-19, 1983 Special Meeting
ADDITIONAL MATTERS FOR PUBLIC HEARINGS for December 28, 1983:
On motion by Mr. Goehringer, seconde~ by Mr. Douglass, it was
RESOLVED, to rescind the reSolution of this board adopted on
November 30, 1983, changing the date of the next Regular Meeting
from December 29, 1983 to December 28, 1983, and it was further
RESOLYED, that the following applications be and hereby are
scheduled for public hearings to be held at the next Regular Meet-
ing of this board, to wit: December 28, 1983 commencing at 7:30
o'clock p.m., and that the same shall be advertised in the local
and official newspapers of the town, to wit: Suffolk Times and
L.I. Traveler-Watchman:
Appeal No. 3178 - BERTHA OKULA.
Appeal No. 3195 - FRANK SIMON and GEORGE SANBORN.
Appeal No. 3194 - MITCHELL M. WILCENSKI.
Vote~of the Board: Ayes: Mess~s. Goehringer, Grigonis,
Douglass and Sawicki. (Me ~mber Doyen of Fishers Island was absent.)
This resolution was unanimously adopted.
ADDITIONAL PUBLIC HEARINGS FOR JANUARY 25, 1984:
Mr. Goehringer, seconded by Mr. Douglass, it was
On motion by
RESOLVED, that the following application be and hereby are
scheduled for public hearings to be held at the January Regular
Meeting of this board, to wit: January 25, 1984 commencing at
7:30 o'clock p.m., and that same shall be advertised in the local
and official newspapers of the town pursuant to law:
Appeal No. 3198 - GREENPORT HOUSING ALLIANCE AND C. DINIZIO.
Appeal No. 3197 - NORTH FORK BAPTIST CHURCH.
Appeal No. 3199 - EMILY P-. RIDGWAy.
Vote of the Board: ~yes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of ~i~shers Island was absent.)
This resolution was unanimously adopted.
ENVIRONMENTAL DECLARATIONS: On motion by Mr. Douglass,
seconded by Mr. Grigon~s, the following Negative Declarations
pursuant to Article 8 of the Environmental Quali~y .Review Act
of the Environmental Conservation Law, were adoP~ad, for the reasons
~Quthold Town Board u~ Appeals -15-
(Environmental. D~c!grationsJ continued:)
indicated below:
Decemb~_~ 19, 1983 Special Meeting
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Siqnificanc~
APPEAL NO.: 3195
PROJECT NAME: FRANK SIMON and GEORGE SANBORN
This notice is issued pursuant tc Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further 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: Accessory garage in frontyard area.
Variance to Art. III, Sec. 100-32.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: 3955 Stars Road, East Marion.
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
-f~) ..... Thee p~rc~l-~in question is n~ i~ a~ ei~vi~onmentatl~ c~iti-cat~
area.
(3) The parcel in question is not located within 300 feet of
tidal wetlands.
So~Qhold Town Board of~-~ppeals -16- December ~.~_~. 1983 Special Meeting
(Environmental Declarations, continued:)
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3194
PROJECT NA~: MITCHELL M. WILCENSKI
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the-reasons indicated-
below.
Please take further 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 simil&r
project.
TYPE OF ACTION: [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: To construct accessory wind generator
exceeding 18' height restriction.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: 2800 Main Road, Laurel, NY.
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The parcel in question is not in an environmentally critical
area.
(3) The parcel in question is not located within 300 feet of
tidal wetlands.
(4) The project as proposed is not at such a height that
any approval is required from the Federal Communications Commis-
sion.
. 'Southold Town Board of~Ppeals -17- December l<~_? 1983 Special Meeting
(Environmental Declarations, continued:)
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3198
PROJECT NAME: C. DINIZIO FOR GREENPORT HOUSING ALLIANCE
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.So Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southoid.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the~ reasons indicated-
below.
Please take further 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 simi!&r
project.
TYPE OF ACTION: IX] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Variance from the four-acre requirement
for a proposed two-family dwelling.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: Seventh Street, Greenport, NY.
REASON[S) SUPPORTING THiS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The parcel in question is non ~ a Critical environmental
area, nor is same located within 300 feet of tidal wetlands or other
critical environmental area.
(3) This application is for occupancy of an existing building
for two dwelling units. The building currently being placed on
the premises will be used as a one-family dwelling unless the
subject application is approved.
· Southold Town Board of~ppeats
-18-
(Environmental Declarations, continued:)
December ~j, 1983 SPecial Meeting
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3197
PROJECT NAME: NORTH FORK BAPTIST CHURCH
This notice is issued p~rsuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law ~44-4 of the To~ of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated'
below.
Please take further 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 simit~.r
project.
TYPE OF ACTION: [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Variance to reconstruct dwelling
with 800 sq. ft. of living area. Variance from Art. III, Sec. 100-31(A)
LOCATION OF PROJECT: Town of Southol~, County of Suffolk, more
particularly known as: N/S C.R. 48, M~ttituck,~NY.
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likelY to occur should this project be imple-
mented as planned;
~) The proposed~proje~ is not-i06a~ed ~ithin 300 feet of
tidal wetlands or othe~ critical environmental area.
(3) The proposed dwelling Will, ito .the best of board's know-
ledge, replace an existing dWelling structure whiCh was recently
gutted by fire.
..~Sou~hold Town BOard of'~ppeals -19- December 1,~>i 1983 Special Meeting
(Environmental Declarations, continued:)
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3199
PROJECT N~%~: Emily Ridgway
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the-~easons indicated~
below.
Please take further 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:
DESCRIPTION OF ACTION:
nine-acre parcel.
LOCATION OF PROJECT:
particularly known as:
IX] Type II [ ] Unlisted [ ]
Additional dwelling unit on this
Town of Southold, County of Suffolks more
Fox Avenue, Fishers Island, NY.
REASON(S) SUPPORTING THIS DETEk~tINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planne~;
(2) The elevations of this parcel above mean sea level is
excessive.
(3) The structure proposed is not located within 300 feet of
tidal wetlands or other critical environmental area.
Vote of the Board: Ayes: Messrso Goehringer, Grigonis,
Douglass and Sawicki. (Me~ber Doyen of Fishers ..Island was absent.)
This resolution was unanimously adopted. ~
Southold Town Board of Appeals -20- De~ember f~, 1983 Special Meeting
~ ~ ~N
TEMPORARY RECESS FOR EXECUTIVE SESSIO : On motion by Mr. Goeh-
ringer, seconded by Mr. Sawicki, it was /
RESOLVED, to recess temporarily for e~ecutive session for the
purposes of discussing pending litigated matters: Alfred J. Terp
vs. Z.B.A.; K. Farr vs. Town of Southold; Town vs. R.J. Douglass.
Vote of the Board: Ayes: Messrs. G~ehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers isl~nd was absent.)
This resolution was unanimously adopted~
EXECUTIVE SESSION: 7:10 p.m.
MEMBER DOUGLASS. was absent during executive session and abstained
from taking part in any dis6ussions.
Present were: Chairman Goehringer, M~mber Sawicki, Member Grigonls,
and Mr. Lessard (Building Department/Administrator). ~
Litig'ated matters were discussed.
RECONVENE REGULAR MEETING: 7:30 p.m.
On motion by Mr Goehringer, seconded by Mr. Sawicki, it was
RESOLVED, to reconvene ~he Regular Meeting of this board.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and
Sawicki. Members Douglass_and Doyen were absent at this time.
Member Sawicki 'stepped out '~f the room momentarily. A quorom
of the members was joined at approximately 7:39 p.m.
(Members Douglass and Doyen were absent.)
DELIBERATIONS/PENDING DECISION
DOUGLASS.
Appeal No. 3167 - ROBERT J.
The public hearing on this matter was held on September 29, 1983.
An extension of time was granted to the board extending the time in
which to deliberate and make a determination ~ntil December 28, 1983.
The board members deliberated, frequently referring to the
application and surveys in the file,, and'm~de the following find-
ings and determination:
~ Sou%hold Town Board of Appeals
-21-
December 19, 1983 Special Meeting
RESERVED DECISION: Appeal No. 3167 - ROBERT J. DOUGLASS.
Upon application of ROBERT J. DOUGLASS, Willow Terrace, Orient, NY
for a Variance to the Zoning Ordinance, Article XI, Section 100-115 for
screening around the periphery of an existing junkyard area, at premises
located at Willow Terrace Farms, containing approximately nine acres and
more particularly identified as County Tax Map Parcels No. 1000-26-02-
39.9, 39.6, 39.5, at orient, NY.
The public hearing on this application was held on September 29,
1983, and closed pending deliberations.
This is an application, pursuant to Section 1~0-115(B) of the Code
of the Town of Southold, Chapter 100 - Zoning, Article XI, made by
Robert J. Douglass requesting that this board approve screening.
This matter was heard on September 29, 1983. The time within which
the board is required to make its determination has been extended by
agreement between the board and the applicant, Robert J. Douglass.
The premises is situated in Orient, in the Township of Southold;
and each member of this board has personally familiarized himself with
the premises and its existing condition° The applicant, Robert J.
Douglass, is a member of this board and has abstained from taking part
in any discussions or deliberations regarding this application.
The section of the Code we are dealing with is entitled, "Junkyards."
The applicant strongly contends that his property is not a junkyard
and that he does not run a junkyard inasmuch as any items of unusable or
irreparable equipment are held for his own use for repairs and are not
traded or sold as junk.
The evidence is clear that the applicant's property has been used
simultaneously for multiple purposes for many years and, indeed, the
facts before the board sustain Mr. Douglass' contention that the use of
his property as described in his letter of February 15, 1983, pre-dated
the enactment of a zoning ordinance in the Town of Southold.
The area surrounding the premises has, over the years., developed
as a residential one and there have been complaints from a neiqhbor
regarding the alleged unsightly nature of the premises owing t~ the
nature of the materials kept or stored on the property.
Whether the premises constitutes a junkyard is subject to question,
but there is no doubt that materials similar to those described in the
definition of junkyard contained in our ordinance are kept on the
premises. This board is no~ willing to classify the premises as a
Southold Town Board of Appeals
-22- December 19~ 1983 Special Meeting
~(Appeal No. 3167 - ROBERT J. DOUGLASS, continued:)
junkyard since it is aware of the fact that many businessmen within
the Town of Southold, including farmers, building contractors, con-
struction companies and the like, often keep or store material which
might seem unusable or irreparable but which are, in fact, usable and
often necessary to the operation of their respective businesses, but
it does agree that screening of a certain portion of the premises
would be desirable.
The applicant desires to screen the periphery of_his property,
but it is our determination that this is not necessary or desirable
under the facts as presented to us. This board, therefore, approves
screening in the nature of privet hedges or stockade fencing a minimum
height of six feet as shown on the survey sketch, annexed hereto as
Exhibit A. Those materials described in the definition of "junkyards"
set forth in Section 100-13(B) of the Zoning Ordinance are not to be
stored outside the area designated above and shown on Exhibit A.
Now, therefore, on motion by Mr. Sawicki, seconded by Mr.
Grigonis, it was
RESOLVED, that Appeal No. 3167, application of ROBERT J. DOUGLASS
for screening, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING
CONDITIONS:
t. Screening in the nature of privet hedges or stockade fencing
a minimum height of six feet along the periphery of the presently
unscreened area and as noted on the survey sketch annexed hereto
as Exhibit A;
2. Ail existing fencing or plantings along the periphery of
the area noted on the survey sketch annexed hereto as Exhibit A
shall be maintained at a minimum height as exists (six feet minimum);
3. Those materials described in the definition of "junkyards"
set forth in Section 100-13lB) of the Zoning Ordinance are not to be
stored outside the area approved for screening by this board and
noted on the attached Exhibit A.
Location of Property: Willow Terrace Farms at Orient and more
particularly along the east side of Nelson Drive, also referred
as 500 King Street; County Tax Map Parcels No. 1000-26-02-part of
39.9, part of 39.8, part of 39.6 and part of 39.2 (for an area of
approximately 1..6 acres).
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and
Sawicki. Members Douglass and Doyen were absent. This resolution
was unanimously adopted.
Southold Town Board.of Appeals -23- December ~9,
1983 Special Meeting
Being there was no other business properly coming before the board
at this %ime, the Chairman declared the meeting adjourned. The meeting
was adjourned at 8:00 p.m.
Respectfully submitted,
Linda F. Kowalski, Secretary
Southold Town Board of Appeals
r d P. Go,bringer, S, Chairman
Approved January/~ ' 1984
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGERCHAIRMAN
CHARLES GRIGONIS. JR.
SERGE DOYEN. JR.
ROBERT J. DOUGLA$S
JOSEPH H. SAWlCKI
Southold Town Board o£ Appeals
MAIN ROAD- STATE ROAD 25 SOlJTHOLD. L.I., N.Y. 11971
TELEPHONE (516) 765-1809
WAIVER OF NOTICE
OF SPECIAL MEETING
WE, the undersigned, being Members of the Zoning Board of
Appeals of the Town of Southold, Suffolk County, New York, do
hereby severally waive notice of the time, place and purpose
of the Meeting of the Board of Appeals to be held at the
Southold Town Hall, Main Road, Southold, New York, on
, and do hereby
Monday, Decentber 19, i983 at.'6:45 p.m.
consent that the same be held on said date for the transaction
of any business which may properly come before said meeting.
DATED: December 16, 1983.
Southold,~ New-/York.
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE//~3/~V HOUR ~'V~,~
Town Clerk, Town of Southold I