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Home My WebLink AboutZBA-11/18/1987 SPECSouthold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11¢J71 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI M I N U T E S SPECIAL MEETING WEDNESDAY, NOVEMBER 18, 1 987 A Special Meeting of the Southold Town Board of Appeals was held on Wednesday, November 18, 1987 at 7:30 p.m. at the Southold Town Hall, Building-Department Room, Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman, Charles Grigonis, Jr.; Robert J. Douglass~ Joseph H. Sawicki, consti- tuting four of the five Board Members. Absent was: Serge Doyen (Fishers Island). Also present were: Linda Kowalski, Board Secretary, and Victor Lessard, Building-Department Administrator. DELIBERATIONS/DECISION: Appl. No. 3593: Application of THE QUIET MAN INN for a Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for permission to construct addition in this "B-I" General Business Zoning District with an insufficient frontyard set- back from the westerly property line along Hobart Avenue. Property Location: Corner of Main Road and Hobart Avenue, Southold, NY; County Tax Map Parcel No. 1000-62-3-7. The Board deliberated and took the following action: Southold Town Board of Appeals -2- November 18, 1987 Special Meeting WHEREAS, public hearings were held on April 23, 1987, May 21, 1987, September 10, 1987, and October 8, 1987 in the Matter of the Application of QUIET MAN INN under Appl. No. 3593, and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application~ and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: I. The premises in question is located in the B-l General Business Zoning District more particularly identified on the Suffolk County Tax Maps as District 1000, Section 62, Block 3, Lot 7, containing a total area of 4,008 sq. ft. 2. The subject premises is a corner lot as defined by Section 100-13 of the Zoning Code with frontage of 63.50 feet along the south side of the Main Road and 97.99 feet along the east side of Hobart Avenue. 3. The subject premises is improved with one two-story framed building as shown by survey mapped February 13, 1987 by Roderick VanTuyl, P.C. with setbacks: (a) from the front property line along the Main Road at 1.2 feet; (b) from the west (front) property line at 24± feet; (c) from the south [rear] property line at 21± feet; (d) from the east [side] property line at 2.3 feet, all at the closest points. 4. By this application, appellant requests a Variance from the Provisions of Article VII, Section 100-71, Bulk Schedule, for permission to construct one-story addition to the existing building in line with the northerly (front) property line, extending 10 feet wide into the westerly (front) yard area, extending 57.5± feet in length the full 10-ft. width, and thence extending 12 feet in length along an angle parallel with the westerly property line [see Sketch A-3 prepared by V. Regi Weile, Architect, submitted under this application]. 5. Article VII, Section lO0-71, Bulk Schedule, of the Southold Town Board of Appeals -3- November 18~ 1987 Special Meeting (Appl. No. 3593 - QUIET MAN INN, decision, continued:) Zoning Code requires a minimum: (a) 35 feet; (b) sideyard at 25 feet~ feet. frontyard setback at (c rearyard at 35 6. The setback requested under th s variance is a reduction from 14½± feet at the southwest corner to 4½± feet from its clos- est point from the westerly front property line [see Sketch A-3 prepared by V. Regi Weile, Architect]. 7. The addition is proposed to extend the kitchen floor area and seating floor area as more particularly shown on Sketch A-7 prepared by V. Regi Weile Architect, for the placement of six two-seat tables. 8. Several parking plans have been considered for a total of four parking spaces and a variance for the insufficient parking is being considered separately under Appl. No. 3659 and rendered same date hereof. 9. The total seating capacity claimed by the appellant is 26 at tables and 12 at the bar. Section lO0-112(A) of the Zoning Code provides at least I for each 5 seats in an eating- and-drinking establishment. The Southold Town Planning Board has determined that a total of nine parking spaces are required to satisfy the Site-Plan requirements under Article XIII. The premises as exists without the addition provides for five parking spaces, for this established business and second-story single-family apartment use. 10. The present square footage of the first-floor area is shown to be 1292 sq. ft. of which approximately 750 sq. ft. has been utilized for the bar and table seating. The remaining square footage has been utilized as kitchen area, lavatories and stair wells [see Sketch A-6]. ll. Also noted for the record are the following documents: (a) Certificate of Occupancy of Nonconforming Premises #Z16245 issued October 2, 1987, (b) copy of letter dated September 25, 1987 from Roderick VanTuyl, P.C., Surveyor, concluding that no more than two vehicles could be accommodated in any arrange- ment of diagonal parking allowing the normal 10' by 20' for each space~ (c) letter dated July 21, 1987 from the Building Inspector indicating the occupancy load at 57 persons (both standing and seating). 12. It is the opinion of this Board as follows: Southold Town Board of Appeals -4- November 18, 1987 Special Meeting (Appl. No. 3593 - QUIET MAN INN decision, continued:) (a) the amount of relief requested is substantial in relation to the requirements, at 87+ percent of the requirement and at 70+ percent reduction of that established [at the closest point]; (b) the difficulties created have been existing for many years and the owners/operators purchased the existing business and premises during the period of time these zoning requirements have been in effect; (c) an extension of the subject building would add to an existing dangerous intersection and would create serious traffic hazards with the reduction of on-site parking spaces and backing out onto Hobart Avenue; (d) the circumstances of the property are unique; (e) the relief requested is not the minimal necessary; (f) the test as to "significant economic injury" and "practical difficulties" has not been satisfied as required law, by (g) in view of the manner in which the difficultise arose and in view of all the above factors, the interests of justice would not be served by granting the variance as applied. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, to DENY the relief as applied under Appl. No. 3593 in the Matter of QUIET MAN INN for a 10-foot wide extension to existing building with reduction of frontyard setback off Hobart Avenue. Vote of the Board: Ayes: Messrs. Goehringer, Gri§onis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. Southold Town Board of Appeals -5- November 18, 1987 Special Meeting DELIBERATIONS/DECISION: Appl. No. 3659: Application of THE QUIET MAN INN for a Variance to the Zoning Ordinance, Article XI, Section 100-112 (and Article III, Section 100-31) for approval of insufficient number of parking spaces of this preexisting business use. Location of Property: Corner of Main Road and Hobart Avenue, Southold, NY; County Tax Map Parcel No. 1000-62-3-7. The Board deliberated and took the following action: WHEREAS, public hearings were held on September 10, 1987 and October 8, 1987 in the Matter of the Application of QUIET MAN INN under Appl. No~ 3659; 'and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the B-1 General Business Zoning District more particularly identified on the Suffolk County Tax Maps as District lO00, Section 62, Block 3, Lot 7, containing a total area of 4,008 sq. ft. 2. The subject premises is a corner lot as defined by Section 100-13 of the Zoning Code with frontage of 63.50 feet along the south side of the Main Road and 97.99 feet along the east side of Hobart Avenue. 3. The subject premises is improved with one two-story framed building as shown by survey mapped February 13, 1987 by Roderick VanTuyl, P.C. with setbacks: (a) from the front property line along the Main Road at 1.2 feet; (b) from the west (front) property line at 24± feet; (c) from the south [rear] property line at 21± feet; (d) from the east [side] property line at 2.3 feet, all at the closest points. 4. By this application, appellant requests a Variance Southold Town Board of Appeals -6- November 18, 1987 Special Meeting (Appl. No. 3659 - QUIET MAN INN, decision, continued:) from the Provisions of Article XI, Section lO0-112 of the Zoning Code for approval of the existing number of insuffi- cient parking spaces with the proposal to extend the existing building 10 feet towards Hobart Avenue, 57.5± feet in length, and then extending at an angle parallel with the westerly property line 10 feet wide and 12 feet in length [see Sketch A-3 prepared by V. Regi Weile, Architect, submitted under this application]. 5. For the record it is noted that under separate application, a frontyard setback reduction variance was denied (same date hereof) under Appl. No. 3593. 6. The addition is proposed to extend the kitchen floor area and seating floor area as more particularly shown on Sketch A-7 prepared by V. Regi Weile Architect, for the placement of six two-seat tables. 7. Several parking plans have been submitted and con- sidered for the total four parking spaces proposed herein. 8. The total seating capacity claimed by the appellant is 26 at tables and 12 at the bar. Section lO0-112(A) of the Zoning Code provides at least I for each 5 seats in an eating- and-drinking establishment. The Southold Town Planning Board has determined that a total of nine parking spaces are required to satisfy the Site-Plan requirements under Article XIII. The premises as exists without the addition provides for five parking spaces, for this established business and second-story single-family apartment use. 9. The present square footage of the first-floor area is shown to be 1292 sq. ft. of which approximately 750 sq. ft. has been utilized for the bar and table seating. The remaining square footage has been utilized as kitchen area, lavatories and stair wells [see Sketch A-6]. lO. Also noted for the record are the following documents: (a) Certificate of Occupancy of Nonconforming Premises #Z16245 issued October 2, 1987, (b) copy of letter dated September 25, 1987 from Roderick VanTuyl, P.C., Surveyor, concluding that no more than two vehicles could be accommodated in any arrange- ment of diagonal parking allowing the normal 10' by 20' for each space; (c) letter dated July 21, 1987 from the Building Inspector indicating the occupancy load at 57 persons (both Southold Town Board of Appeals -7- November 18, 1987 Special Meeting (Appl. No. 3659 - QUIET MAN INN decision, continued:) standing and seating). ll. It is the opinion of this Board as follows: (a) the amount of relief requested is substantial in relation to the requirement, that request being five out of the nine spaces required, and being more than 45% of a variance; (b) the difficulties created have been existing for many years and the owners/operators purchased the existing business and premises during the period of time these zoning requirements have been in effect~ (c) an extension of the subject building would add to an existing dangerous intersection and would create serious traffic hazards with the reduction of on-site parking spaces and backing out onto Hobart Avenue; (d) the circumstances of the property are unique; (e) the relief requested is not the minimal necessary; (f) the test as to "significant economic injury" and "practical difficulties" has not been satisfied as required by law; (g) in view of the manner in which the difficultise arose and in view of all the above factors, the interests of justice would not be served by granting the variance as applied. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, to DENY WITHOUT PREJUDICE the relief as applied under Appl. No. 3659 in the Matter of QUIET MAN INN for a Variance to reduce the number of the required parking spaces to a total of four. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. Southold Town Board of Appeals-8- November 18, 1987 Regular Meeting DELIBERATIONS/DECISION: Appl. No. 3592: Application of BENTE SNELLENBURG for Variances to the Zoning Ordi- nance, Articles: (1) XI, Section lO0-119.1B for approval of eight-foot high fencing along the easterly property line a length of 72± feet~ (2) XII, Section 100-141, Appealing the November 6, 1986 Order to Remedy Violation which mandates a building permit for new fencing along the easterly property line. Location of Property: Private right-of-way extending off of the east side of South Harbor Road known as Private Road No. 10, or Old Woods Path, Southold, NY; County Tax Map Parcel No. 1000-87-2-21. The Board deliberated and then took the following action: WHEREAS, public hearings were held on this matter on March 1987, July 16, 1987, August 20, 1987, and concluded on October 8, 1987 in the Matter of the Application of BENTE SNELLENBURG under Appl. No. 3592; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application, and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application requesting a Variance from the Provisions of Article XI, Section lO0-119.1B for approval of the construction of fencing along the easterly property line a total length of 144± feet at six ft. in height, inclusive of the 72 ft. center at eight feet in height. The fence is shown to be located along the east (side) property line as confirmed by survey prepared by Anthony W. Lewandowski dated May 11, 1987 and submitted on July 16, 1987. 2. The premises in question is designated on the Suffolk County Tax Maps as District 1000, Section 87~ Block 2, Lot 21 and is situated along a private right-of-way extending off the east side of South Harbor Road, Hamlet of Southold, Town of Southold Town Board of Appeals -9- November 18, 1987 Regular Meeting (Appl. No. 3592 SNELLENBURG decision, continued:) Southold. 3. The subject premises contains a total area of 1.O± acre(s), and the copy of survey prepared by Otto W. VanTuyl & Son dated October 14, 1960 depicts a single-family, two-story frame dwelling, an accessory one-car garage, and two accessory sheds. 4. Article XI, Section lO0-119.1B permits fences, walls, hedges, or other live plantings within five feet of the property lines and when located along side or rear lot lines not exceeding six-and-one-half feet. 5. It is the position of this Board that a grant of the variance to permit the fence height to remain at eight feet is not warranted for the reasons given in the appellant's record. The percentage of relief requested is not the minimal necessary, being a variance of 24% of the requirement. 6. Article XII, Section 141 provides as follows: ...No building in any district shall be erected, reconstructed, restored or structurally altered without a building permit duly issued upon appli- cation to the Building Inspector... 7. It is the position of this Board that a Building Permit application and consideration therefor is required for all buildings. A "fence" falls within the category of ~'building" as defined by Section 100-13 of the Zoning Code. 8. It is also the opinion of this Board that: (a) there are other methods feasible for appellant to pursue other than a variance; (b) the relief requested is not within the character of the immediate area and will be a substantial change, creating other precedents to follow; (c) the practical difficulties claimed are not sufficient to warrant the granting of the relief requested; (d) the circumstances of the property are not unique; (e) there will not be an increase in population density thus created by this variance; (f) that in view of all the above factors, the interests of justice will be served by denying the relief requested, as further noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was determined as follows: 1. A building permit is required for the subject fence~ Southold Town Board of Appeals -10- November 18, 1987 Regular Meeting (Appl. No. 3592 SNELLENBURG decision, continued:) 2. The relief requested for the fence at a maximum height of eight feet is denied; 3. The fence shall be permitted to remain at a height not to exceed 6½ feet provided it is located within the appellant's property and not onto the neighboring property; 4. The 6½ ft. height of the fence shall not encroach into the frontyard area (as provided by Section lO0-119.1A of the Zoning Code). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. Southold Town Board of Appeals -ll- November 18, 1987 Special Meeting DELIBERATIONS/DECISION: Appl. No. 3657: Application of CLYDE FRITZ for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient lot area, width and depth of two proposed parcels fronting along the westerly side of Cedar Lane, Southold, NY; County Tax Map Parcel No. 1000- 78-7-45.1, containing a total area of .694 of an acre. The Board deliberated and took the following action: WHEREAS, a public hearing was held and concluded on October 1987 in the Matter of the Application of CLYDE FRITZ under Appl. No. 3657~ and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the "A" Residential Zone District and is a parcel of land containing a total area of .686 acre(s). The subject premises is a corner lot as defined by Section 100-13 of the Zoning Code, with front- age of 217.02 feet along the west side of Cedar Lane and 143.93 feet along the north side of Bayview Road, as more particularly shown by survey prepared by Otto W. VanTuyl & Son February 9, 1986 (submitted as Exhibit B). 2. The subject premises is improved with a single-family, one-story dwelling having a total liveable floor area of 928± sq. ft. and located as shown on map amended May 7, 1987 prepared by Roderick VanTuyl, P.C. (#2041-2). The dwelling is shown to be set back 40 feet from the front property line along Bayview Road, 63 feet from the front property line along Cedar Lane, 20 feet from the westerly property line, and 130+ feet from the most northerly property line. Southold Town Board of Appeals -12- November 18, 1987 Special Meeting (Appl. No. 3657 - FRITZ decision, continued:) 3. By this application, appellants request a Variance from the Provisions of Article III, Section 100-31, Bulk Schedule, of the Zoning Code, for approval of the proposed insufficient area, width and depth of two lots in this set-off division of land, as follows: (a) Parcel A to be 13,046 sq. ft. with frontage of 100 feet along Cedar Lane and lot depth of 143.21 feet; (b) Parcel B of 17,182 sq. ft. with frontage of 117.02 feet along Cedar Lane and lot depth of 143.21 feet. Parcel B would contain the existing dwelling. 4. After research and investigation, the following facts have been confirmed: (a) the parcel adjoining the subject premises at the north side consists of an area of 1.2± acres and is iden- tified on the Suffolk County Tax Maps as Section 78, Block 7, Lot 42. There is an appeal pending at this time for variances to divide the 1.2± acres into two substandard lots. No action has been taken as of this date by this Board. (b) the parcel adjoining the subject premises on the west side consists of an area of one acre and is identified on the Suffolk County Tax Maps as Section 78, Block 7, Lot 43. There is an appeal pending at this time for variances to divide this one-acre parcel into two substandard lots. No action has been taken by this Board as of the date of rendering this decision. (c) the second parcel to the north of the subject premises contains an area of 26,500+ sq. ft. in area; (d) the third parcel to the north of the subject premises contains an area of 30,475± sq. ft. in area; (e) the fourth parcel to the north of the subject premises consists of an area of 39,750 sq. ft. [Lots 38 and merged under combined ownership during 1974]. 39 stantially block; (f) the lots proposed by this application are sub- less than those generally existing within the same (g) the lot under question which presently contains Southold Town Board of Appeals-13- November 18, 1987 Special Meeting (Appl. No. 3657 - FRITZ decision, continued:) an area of 30,228 sq. ft. is not out of character of the parcels existing within this block. 5. It is also noted for the record that: (a) on January 31, 1956, the subject parcel was conveyed to James and Marie Grant [see Deed at Liber 4059 pages 101 and 102]; (b) on March 17, 1965, a portion of the subject premises [then referred to as Lot #44) was conveyed from James and Marie Grant to the sole name of James Grant [see Deed at Liber 5717 cp 97; (c) at the inception of the minimum 40,000 sq. ft. lot-size requirement in November of 1971, Lot #44 remained in the sole name of James Grant, and the remaining portion [then Lot #45] remained in joint ownership between James and Marie Grant]; (d) during May of 1983, the Town increased the lot- size requirements under zoning from 40,000 sq. ft. to 80,000 sq. ft.; (e) Mr. Grant's date of death was recorded to be February 27, 1984; (f) the Will of Mr. Grant conveyed Lot #44 [from James Grant] to Marie Grant; (g) Lots #44 and #45 remained in the sole name of Marie Grant from February 27, 1984 until December ll, 1985, at which time both Lots #44 and #45 were conveyed in one deed to Clyde and Joyce Fritz, at Liber 9942 page 460. (h) no other conveyances were found of record and the merger was in effect for a period of approximately 3½ years. 6. Article III, Section lO0-31, Bulk Schedule of the Zoning Code requires a minimum lot area of 80,000 sq. ft., minimum lot width of 175 feet, and minimum lot depth of 250 feet. 7. The amount of relief requested for Lot A as to Southold Town Board of Appeals -14- November 18, 1987 Special Meeting (Appl. No. 3657 FRITZ decision, continued:) insufficient lot area is 66,954 sq. ft. or a percentage of 84%. The amount of relief requested for Lot B as to insufficient lot area is 62,818 sq. ft. or a percentage of 78.5%. The amount of relief requested as to lot width for each parcel is 32 feet, or 18 percent. 8. It is the opinion of the Board that the percentages of relief requested are substantial in relation to the zoning requirements and the granting of the variances requested will not be within the character of the lots within the immediate block. 9. In considering this application, the Board also finds and determines that: (a) the difficulties claimed are not sufficient to warrant a granting of the relief requested; (b) the percentage of relief requested is substantial in relation to the requirements and in relation to the area~ (c) the difficulties claimed are self-created and are not sufficient for the grant of this variance; (d) the lot as exists with a total area of .686 acre(s) is already substan- tially less than the current area requirements; (e) the variance, if granted, will in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and order of the town, and will set a precedent; (f) in view of the manner in which the difficulties arose and in considera- tion of all the above factors, the interests of justice will be served by denying the variances applied. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, DENY the relief requested under Appl. No. 3657 in the Matter of the Application of CLYDE FRITZ. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. Southold Town Board of Appeals -15- November 18, 1987 Special Meeting DELIBERATIONS/DECISION: Appeal No. 3684: Application of WILLIAM AND VERA MOLCHAN for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory inground swimmingpool, decks~ and fence enclosure in the frontyard area (in excess of 300 feet from the front property line) at premises located along the north side of Ruth Road (north of Sunset Drive), Mattituck, NY; County Tax Map Parcel No. 1000- 106-1-3. The Board deliberated and took the following action: WHEREAS, a public hearing was held and concluded on Novem- ber 10, 1987 in the Matter of the Application of WILLIAM MOLCHAN under Appeal No. 3684; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. The premises in question is locate~ in the "A-~O" Residential Zoning District and is a described parcel of land.containing a total lot area of 4.85± acres with 200+ ft. frontage along the north side of Ruth Road at Mattituck, and fronting the Long Island Sound. 2. The subject premises is improved with a single-family one-story frame dwelling constructed under Building Permit #8192Z issued September 10, 1975 and more particularly shown on survey prepared December 3, 1975 by Young & Young, L.S. (#75-261). The dwelling is set back a distance of 130± feet from the top of bluff. 3. By this application, appellants appeal a Notice of Disapproval dated October 15, 1987 from the Building Inspector for permission to locate an inground swimmingpool with decks and fence enclosure as an accessory structure in the front- yard area 'with a setback of at least 300 feet from the front Southold Town Board of Appeals -16- November 18, 1987 Special Meeting (Appl. No. 3684 - MOLCHAN decision, continued:) property line (along Ruth Road) and minimum of 40 ft. sideyards. The size of the proposed pool is 21 ft. by 41 ft. The deck areas around the pool are proposed at six feet, and the fence enclosure is proposed at approximately l0 feet around the pool. 4. Article III, Section 100-32 of the Zoning Code permits such accessory structures in the rearyard area. The appellants' rearyard area is that area between the top of the bluff (at an elevation of 122 feet above mean sea level) and the existing dwelling. Article XI~ Section 100-119.2 enacted during 1985 prohibits construction within 100 feet of the bluff, and'locating this proposed accessory structure in the required rearyard would also require variances. 5. It is the opinion of the Board that the location of the proposed structure in the area requested with a setback of more than 300 feet from the front property line: (a) (a) will not affect the immediate residential areas and is private; (b) does exceed the general frontyard setback for principal structures; (c) is more feasible than disturbance of the land within the 100 ft. setback of the bluff during the course of construction of same. 6. In considering this appeal, the Board also finds and determines that the grant of the relief requested: (a) is the minimal necessary under the circumstances; (b) the circumstances of the property are unique and are not personal in nature; (c) there will be no substantial change in the character of the area; (d) there is no other method feas- ible for appellants to pursue other than a variance; (e) in view of all the above factors, the interests of justice will be served. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief requested in the Matter of the Application of WILLIAM AND VERA MOLCHAN under Appeal No. 3684 to locate a proposed inground swimmingpool with decks and fence enclosure, as applied and SUBJECT TO THE FOLLOWING CONDITIONS: That the setback from the front property line along Southold Town Board of Appeals -17- November 18, 1987 Special Meeting (Appl. No. 3684 MOLCHAN decision, continued:) Ruth Road be not less than 300 feet and from the side property lines at not less than 40 feet (as applied). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass, and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. DELIBERATIONS/DECISION: Appeal No. 3678: Application of DAVID LaFRENIERE. Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for permission to construct addition to existing building with an insufficient setback from the side (westerly) property line. Location of Property: Corner of Main Road and the West Side of Peconic Lane, Peconic, NY; County Tax Map Parcel No. 1000-75-5-10. Zone District: "B-I" General Business. The Board deliberated and took the following action: WHEREAS, a public hearing was held and concluded on Novem- ber 10, 1987 in the Matter of the Application of DAVID LaFRENIERE under Appeal No. 3678; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the "B-l" General Business Zoning District and is a 16,046± sq. ft. parcel of land improved with: (a) an existing principal building, (b) accessory wood shed structure, as more particularly shown on Site Plan Map prepared by Samuels-Steelman, Architects July 23, 1987. Southold Town Board of Appeals -18- November 18, 1987 Special Meeting (Appl. No. 3678 - LaFRENIERE decision, continued:) 2. The subject premises is a corner lot as defined by Section 100-13 of the Zoning Code with 40.75' frontage along the west side of Peconic Lane and 184.45~ frontage along the north side of the Main Road (State Route 25) and identified on the Suffolk County Tax Maps as District lO00, Section 75, Block 5, Lot 10. 3. By this application, appellant requests a Variance from the Provisions of Article VII, Section 100-71, Bulk Schedule of the Zoning Ordinance for permission to construct a 629 sq. ft. addition (and of a size 16± feet by 40 feet) which would leave a setback from the westerly (side) property line at 18'6" at its closest point. The remaining sides of the proposed addition are proposed in line with the existing building (without protrusion into the other yard areas). 4. Article VII, Section lO0-71, Bulk Schedule of the Zoning Code requires a minimum sideyard setback at 25 feet. The present setback of the existing building from this westerly (side) property line is 28+ feet. The percentage of relief requested from the requirement is 26%, or 6'6~' 5. It is noted for the record that on October 2, 1987, copies of this project were referred to the Southold Town Planning Board which involves site-plan review, and there appears to be no objection to the general layout. It is therefore presumed that the applicant will be able to comply with all site-plan elements of the Code with the location of the addition as proposed. 6. *It is the position of this Board that parking of vehicles to be serviced on this site must be placed behind the principal and accessory buildings in the northerly yard area in order to allow easy access and parking by customers in the other yard areas (which are to remain open with an unobstructed access along both streets). 7. In considering this appeal, the Board also finds and determines: (a) that the relief requested is not sub- stantial in relation to the requirement; (b) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (c) there will Southold Town Board of Appeals -19- November 18, 1987 Special Meeting (Appl. No. 3678 - LaFRENIERE decision, continued:) be no substantial detriment to adjoining properties; (d) the project is not unreasonable and within the spirit of the zoning code; (e) the circumstances are unique and are not personal in nature; (f) that in view of all the above factors, the interests of justice will best be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a reduction in the westerly sideyard setback from the required 25 feet to 18 feet six inches as applied in the Matter of the Application of DAVID LaFRENIERE under Appeal No. 3678, SUBJECT TO THE FOLLOWING CONDITIONS: I. *Any and all dismantled serviced shall be placed within area only; vehicles or vehicles to be the most northerly (rearyard) 2. The addition shall not exceed the size requested; 3. The westerly (side) yard setback shall not be less than that requested at 18'6". Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. Southold Town Board of Appeals -20- November 18, 1987 Special Meeting DELIBERATIONS/DECISION: Appl. No. 3682: Application of GEORGE L. PENNY, INC./JERRY SHULMAN for a Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to use existing storage building for warehousing and storage of lumber and building materials and supplies, in conjunction with the existing lumberyard opposite Sound Avenue. Zone District: "C-Light Industrial." Location of Property: South Side of Sound Avenue (or North Road), Mattituck, NY; County Tax Map Parcel No. 1000-141-3-41. The Board deliberated and took the following action: WHEREAS, a public hearing was held and concluded on November 10, 1987 in the Matter of the Application of GEORGE L. PENNY, INC./JERRY SHULMAN under Appl. No. 3682; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application~ and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The property in question is identified on the Suffolk County Tax Maps as District 1000, Section 141, Block 03, Lot 41, consists of a total area of 10,688± sq. ft. with approximately 200 ft. frontage along the south side of Sound Avenue (a/k/a Old North Road), Mattituck, and is located in the "C-Light Industrial" Zoning District. 2. This is an application for a Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to establish and use a majority of the existing storage building for warehousing, storage, loading and unloading of lumber and building materials and supplies, in conjunction with the lumber yard operated by Penny Lumber directly across Sound Avenue (a/k/a Old North Road). 3. The subject premises is presently improved with the following structures, as shown by survey amended May 23, 1964 submitted with this application: (a) substantial frame storage building, partly encroaching along the front property line at Southold Town Board of Appeals -21- November 18, 1987 Special Meeting (Appl. No. 3682 - PENNY/SHULMAN decision, continued:) its northeasterly corner, and (b) frame building situate at the northwesterly corner set back 3.5 feet at its nearest point from the front property line along the south side of Sound Avenue. 4. For the record, it is noted that there are prior actions of record: (a) under Appl. No. 3482 for a Special Exception rendered April 16, 1986 permitting the warehousing of building materials and office area (for use by the insulation company presently occupying the premises) at the west end of the premises, and (b) under Appl. No. 813 rendered November 10, 1965 to erect an addition to a nonconforming building to house trucks and loading and unloading of potatoes. 5. For the record, it is also noted that the following permits have been issued to date concerning these premises: (a) Certificate of Occupancy #Z-16390 dated November 13, 1987; (b) Certificate of Occupancy #Z-16385 dated November 10, 1987; (c) Certificate of Occupancy #Z-14445 dated May 30, 1986, (d) Certificate of Occupancy #Z6774 dated November 10, 1975~ (e) Building Permit #14874Z dated May 12, 1986, (f) Building Permit #8119Z dated August l, 1975, (g) Building Permit #2931Z dated November 16, 1965, (h) Town Planning Board Site-Plan Approval rendered May 5, 1986; (i) Town Planning Board waiver of October 9, 1987; (j) Town Board resolution adopted March 11, 1986 determining the uses to be consistent with those in the proposed "B-I" General Business Zoning District prepared by Raymond, Parish, Pine & Weiner. 6. In considering this application, the Board has deter- mined: (a) the uses proposed will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (b) the uses will not prevent the orderly and reasonable use of permitted or legally established uses in adjacent use districts; (c) the safety, health, wel- fare, comfort, convenience or order of the Town will not be adversely affected by the proposed use and its location; (d) the use will be in harmony with and promote the general purposes and intent of the zoning ordinance. The Board has also considered items (a) through (1) of Article XII, Section 100-121(C)[2] of the Zoning Code. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, that the Application in the Matter of GEORGE Southold Town Board of Appeals -22- November 18, 1987 Special Meeting (Appl. No. 3682 - PENNY/SHULMAN decision, continued:) L. PENNY, INC./JERRY SHULMAN, for a Special Exception as applied under File No. 3682 for permission to establish and use existing building for warehousing, storage, loading and unloading of lumber, building materials and supplies in conjunction with the lumber yard opposite Sound Avenue (a/k/a Old North Road) and in conjunction with those uses established and approved under Special Exception No. 3482 rendered April 16, 1986, BE AND HEREBY IS GRANTED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No obstructions into the public street areas by vehicles loading, unloading, parking, etc. which may block access (along Sound Avenue); 2. No storage of materials outside of building (all materials must be contained inside of the existing building); 3. Any change of use (to other than that applied and granted hereunder) will require further application for consideration. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. DELIBERATIONS/DECISION: Appeal No. 3683: Application of GEORGE L. PENNY, INC. for a Variance to the Zoning Ordinance, Article XI, Section 100-119.1, for permission to erect fence in the frontyard area at a height not to exceed 6½ feet. Location of Property: North Side of Sound Avenue (or North Road), and the South Side of C.R. 48 (Middle Road), Mattituck, NY; County Tax Map Parcel No. 1000-141-3-38.1. The Board deliberated and took the following action: WHEREAS, a public hearing was held and concluded on November 10, 1987 in the Matter of the Application of GEORGE L. PENNY, INC. under Appl~ No. 3683; and Southold Town Board of Appeals -23- November 18, 1987 Special Meeting (Appl. No. 3683 PENNY decision, continued:) WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application requesting a Variance from the Provisions of Article XI, Section lO0-119.1A for permission to erect six-and-one-half foot high fencing along/near the perimeter of premises for security purposes and as more particularly shown on sketched map of Property of George L. Penny, Inc. (prepared April 14, 1972 by Roderick VanTuyl & Son). 2. The premises in question is a 3.887+ acre parcel having frontage along three streets, namely: Sound Avenue (or the Old North Road) of 131± feet in width, Route 48 (or Middle Road) of 306± feet in width, and Westphalia Avenue of 23+ feet. 3. The subject premises is located in the "C-Light Industrial'~ Zoning District and is and has been used as a yard for the sale and storage of building and related materials and supplies, (a permitted use in this Zone). 4. Article XI, Section lO0-119.1 permits fences, walls, hedges, or other live plantings when located in the front yard along the front yard property line not exceeding four (4) feet in height and when located along side and rear lot lines, the same shall not exceed six and one-half feet in height. When located other than in the frontyard area or along side or rear lot lines, Subsection C permits the same at a height not exceeding eight (8) feet. 5. For the record it is noted that it is not unusual for this Board to require suitable screening or fencing of this nature around the periphery of the area used for outside stor- age. This parcel is unique particularly since it fronts on three public streets, and the Board agrees that a fence of Southold Town Board of Appeals -24- November 18, 1987 Special Meeting (Appl. No. 3683 - PENNY decision, continued:) four feet in height would not be effective in deterring vandals and other unauthorized persons from entering the premises. 6. It is also noted for the record that the portion of the fence within this Board's jurisdiction is that portion located in the frontyard area and more specifically off of Sound Avenue (or Old North Road). The remaining sections of the proposed fence are along and/or within the side and rear yard areas which permit a fencing height at six-and- one-half feet. 7. In making this determination, the Board has also found: (a) the circumstances of the property are unique; (b) the percentage of relief requested is not substantial; (c) the grant of this variance will not create a detriment to adjoining properties; (d) the difficulty cannot be obviated by a method feasible to appellant other than a variance; (e) no adverse effects will be produced on available governmental facilities of any increased popula- tion; (f) in view of all the above factors, the interests of justice will be served by granting the variance, as further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief requested under Appeal No. 3683 in the Matter of the Application of GEORGE L. PENNY, INC. to erect a fence along/near the frontyard areas at a height not to exceed six-and-one-half (6½ feet, as applied. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. Southold Town Board of Appeals -25- November 18, 1987 Special Meeting DELIBERATIONS/DECISION: Appl. No. 3679: Application of R_~OBERT AND DOLORES SCHISSEL for a Variance permission to construct open-deck addition with an insufficient setback from nearest wetlands per Article XI, Section 100-119.2 Location of Property: 710 West Shore Drive, reydon Shores Map, Lot 9 and part of 8, Southold, NY; County Tax Map Parcel No. 1000-80-1-46. The Board deliberated and ~60k the following action: for WHEREAS, a public hearing was held and concluded on Novem- ber 10, 1987 in the Matter of the Application of ROBERT AND DOLORES SCHISSEL; and ' WHEREAS, at said hearing all those who desired to be he~rd were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. The premises in question is locate~ in the A Residential Zoning District and is more particularly identified as shown on the Suffolk County Tax Maps, District 1000, Section 80, Block 1, Lot 46, and referred to as Lots 9 and part of 8, Map of Reydon Shores, at Southold, Block B, Map No. 631 of September ll, 1929. 2. The subject premises is improved with a single-family, 1½-story. frame dwelling with attached garage as shown on ~survey prepared by Otto W. VanTuyl dated lastly September 17, 1987 with setbacks at 63± feet from the front property line along West Shore Drive, closest setback at the west side at 6.2 feet, at the east side at 22 feet, and from the existing bulkhead at 68± feet. The subject premises contains a total area of 10,890 sq. ft. Southold Town Board of Appeals -26- November 18, 1987 Special Meeting (Appl. No. 3679 - SCHISSEL decision, continued:) 3. By this application, appellants request a Variance from the Provisions of Article XI, Section 100-119.2(B) for the proposed construction of a 15' by 26.6 deck addition at the rear of the existing dwelling reducing the setback from the existing bulkhead from 68 feet to 53 feet. The rear property line is shown to be seaward of the existing bulkhead. 4. Article XI, Section lO0-119.2(B) requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is the greater distance. 5. For the record it is noted that the dwelling to the west appears closer than the setback of the subject dwelling (as exists), and the addition is proposed landward of the 15-foot elevation contour line. 6. It is the opinion of this Board that the relief requested for a 15-ft. extension is not unreasonable and the percentage of relief requested is not substantial in relation to those generally existing in the area. 7. In making this determination, the Board also finds: (a) the circumstances are unique and are not personal in nature; (b) there will not be an increase in population density thus created by this variance; (c) there is no other method feasible for appellants to pursue other than a variance; (d) the lot size is substandard; (e) the variance will not be adverse to the safety, health, welfare, comfort, convenience or order of neighboring properties or of the town; (f) that in view of all the above factors, the interests of justice will be served by granting the relief requested, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to GRANT the relief requested under Appl. No. 3679 in the Matter of the Application of ROBERT AND DOLORES Southold Town Board of Appeals -27- November 18, 1987 Special Meeting (Appl. No. 3679 - SCHISSEL decision, continued:) SCHISSEL, for the construction of an 15-ft. by 26.6-ft addition to dwelling, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The setback be not closer than 53 feet to the exist- ing bulkhead, as applied; 2. The deck addition remain unroofed and open, as proposed; 3. There be no disturbance of soil within 50 feet of the bank; 4. There be no adverse lighting. Vote of the Board: Ayes: Messrs. Douglass and Sawicki. (Member Doyen of Fishers absent.) This resolution was duly adopted. Goehringer, Grigonis, Island was Southold Town Board of Appeals -28- November 18, 1987 Special Meeting (Decisions, continued:) DELIBERATIONS/DECISION: Appl. No. 3680: Application of LEONARDUS AND MARIE VANOUDENALLEN for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct addition to dwelling with an insufficient set- back from the closest point of arc along the front property line. Location of Property: North Side of Sailors Lane (a private road), approximately 147 feet west of Little Peconic Bay Road, Nassau Point, Cutchogue, NY; County Tax Map Parcel No. 1000-111-14-7. The Board deliberated and took the following action: WHEREAS, a public hearing was held and concluded on November 10, 1987 in the Matter of the Application of LEONARDUS AND MARIE VANOUDEN- ALLEN under Appl. No. 3680; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is a described parcel of land located along the north side of Sailors Lane, Cutchogue, and is more particularly shown and identified on the Suffolk County Tax Maps as District 1000, Section 114, Block 14, Lot 7. 2. The subject premises contains a lot area of approximately .65 of an acre, and is improved with a single-family, two-story frame dwelling (constructed 1/23/67 under Building Permit #3365Z and under Building Permit #15418 issued 10/22/86). The existing dwelling is set back 35 feet from the front property line along Sailors Lane, 12 feet from the easterly side yard, 100 feet from the westerly side yard, and 104 feet from the rear property line (at its closest points). The dwelling with the westerly addition is shown to be set back 28'9" as shown by survey amended Septem- ber 16, 1986, prepared by Roderick VanTuyl, P.C. from the closest point along the arc of the cul-de-sac and 32'2" at the southwesterly Southold Town Board of Appeals -29- November 18, 1987 Special Meeting (Appl. No. 3680 - VANOUDENALLEN decision, continued:) corner of the westerly addition. 3. By this application, appellants request a Variance from the Provisions of Article III, Section 100-31, Bulk Schedule of the Zoning Code, for approval of the construction of an open brick porch, steps and planter construction, of a size 20' deep by 12'2" wide, leaving an insufficient setback from the front property line at not less than 15 feet. 4. Article III, Section lO0-31, Bulk Schedule require a minimum frontyard setback at 35 feet or the established setback within 300 feet on the same side of the street on the same block for a principal building. 5. Article I, Section lO0-13 of the Zoning Code excludes ~'steps and open porches projecting not more than five (5) feet from the exterior walls and having an area of not more than thirty (30) square feet .... " Since this open porch area exceeds this requirement, a variance is necessary. 6. It is the understanding of this Board that the open porch construction will remain open at all times, without any temporary or permanent enclosure (as constructed). 7. The open porch construction was shown on the survey amended September 16, 1986, submitted with the Building Permit application; however, the building plan did not show same. The record is not clear as to the exact date the existing construction took place, except that the Notice of Disapproval was issued September 30, 1987, and a final inspection was approved on November 5, 1987, and the construction existed prior to September 30, 1987. 8. It should be understood that the variance granted for the open porch/platform construction shall not be considered an extension of the principal building floor area and accordingly shall not be used in calculating the "average" of setbacks (Section 100-23) in the frontyard of existing dwellings within 300 feet on this street. 9. For the record it is noted that a previous appeal has been granted concerning these premises under Appl. No. 3559 Southold Town Board of Appeals -30- November 18, 1987 Special Meeting (Appl. No. 3680 VANOUDENALLEN decision, continued:) rendered October 10, 1986 for the setback of the addition at 28'9" and 32'2' along the arc in the frontyard area. lO. In considering this appeal, the Board also finds and determines: (a) the location of the property at the end of a cul-de-sac lends to the unique circumstances herein~ (b) the variance will not in turn cause a sub- stantial effect of increased population density or be adverse to the safety, health, welfare, comfort, convenience or order of the town; (c) the practical difficulties are sufficient~ (d) there will be no substantial detriment to adjoining properties; (e) the relief requested is substantial; (f) in view of the manner in which the difficulties arose and considering all the above factors, the interests of justice will be served by granting the variance, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Variance for approval of the open brick construction as an entranceway (with platform, steps and planter), as applied, in the Matter of the Appli- cation of LEONARDUS AND MARIE VANOUDENALLEN under Appl. No. 3680, with the understanding that the setback of same shall not be used as the "principal building setback" in establishing the "average-setback" standards provided in Section 100-33, and that the construction remain open, unroofed, and without a temporary or permanent enclosure of any type [except by formal application and consideration by this Board]. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. Southold Town Board of Appeals -31- November 18, 1987 Special Meeting DELIBERATIONS/DECISION: Appeal No. 3673: Application of NICK MIHALIOS for a Variance to the Zoning Ordi- nance, Article XI, Section 100-119.2 for permission to locate inground swimmingpool, decks and fence enclosure with an insufficient setback from the top of bluff along the Long Island Sound. Location of Property: North Side of The strand, Lot #124, Map of Pebble Beach Farms, East Marion, NY; County Tax Map Parcel No. 1000-30-2-74. The Board deliberated and took the following action: WHEREAS, a public hearing was held and concluded on November 1987 in the Matter of the Application of NICK MIHALIOS under Appl. No. 3673; and 10, WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is known and referred to as Lot #124 as shown on the Map of Pebble Beach Farms Inc.~ No. 2, and designated on the Suffolk County Tax Maps as District lO00, Section 30, Block 2, Lot 74~ 2. The subject premises contains a total lot area of .635 acre(s) and is improved with a single-family dwelling set back as shown by survey prepared by Young and Young dated May 2, 1987 48.9 feet at its closest point from the front property line along The Strand and 80 feet at its closest point from the average line of bluff. The sideyards are presently 10 feet at the east side and 20 feet from the foundation line at the west side (although 7.5 feet at the west side from the carport addition)~ 3. By this application, appellant appeals from a Notice of Disapproval from the Building Inspector issued August 26, 1987 Southold Town Board of Appeals -32- November 18, (Appl No. 3673 ~'M~A~rO~;decision, continued:) 1987 Special Meeting for permission to locate inground swimmingpool with deck and fence enclosure as sketched on the May 2, 1987 survey. The pool is proposed with a setback at not less than 80 feet from the average line of bluff, and approximately 7½ feet from the west side property line. The fence enclosure is proposed at 75 feet from the average line of bluff and three or more feet from the west side property line. 4. Article XI, Section 100-119.2, subparagraph A[1] the Zoning Code requires all buildings proposed on lots adjacent to the Long Island Sound to be set back not less than one-hundred (100) feet from the top of the bluff. of 5. It is noted that sections of the lot have been filled, and the rearyard area currently slopes toward the bluff. Along the western side of the property and onto the adjoining lot, there is a low area (or drainage way) which also slopes toward the bluff. The bluff face is well vegetated with woody vegeta- tion, mostly of Bayberry, and appears stabile. It is the opinion of this Board that actions are necessary to reduce any possibilities of concentrated water flows from flowing down the bluff face, such as grading the rearyard area away from the bluff. Constructing the swimmingpool at an elevation sub- stantially lower than the top of the bluff and installing gutters, downspouts and drywells for roof runoff will also alleviate potential problems. 6. In considering this appeal, the Board also finds and determines that by locating the proposed construction as further noted below: (a) the variance will be minimal and will not be substantial in relation to the zoning requirement, being a variance 15 feet, or 15%; (b) there will be no substantial change in the character of the area since relief has been granted for similar bluff areas/properties along the Long Island Sound; (c) the circumstances of the property are unique; (d) the practical difficulties claimed are sufficient to warrant the relief as alternatively granted; (e) there is no other method feasible for appellant to pursue other than a variance; (f) in view of all the above factors, the interests of justice will be served. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was Southold Town Board of Appeals -33- November 18, 1987 Special Me,tin§ (Appl. No. 3673 - MIHALIOS decision, continued:) RESOLVED, to GRANT the following alternative relief in the Matter of the Application of NICK MIHALIOS under Appeal No. 3673, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the pool be located not closer than 85 feet to the top of bluff and not be linked directly to the house; 2. That there be no excavation or disturbance of land within 80 of the average line of bluff; 3. That the pool be located not closer than seven and the deck not closer than three feet to the west side property line; feet 4. That the east sideyard area remain open and unob- structed the full width of ten feet at all times (including bushes, trees, etc~); 5. That drywell(s) be installed, and leaders and gutters be piped (for proper drainage into. the dryw~lls)~ 6. That no surface water or other discharges flow over top of bluff, and the rearyard be regraded toward the house. 7. No lighting which may be adverse to neighboring properties; Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. Southold Town Board of Appeals -34- November 18, 1987 Special Meeting DELIBERATIONS/DECISiON: Appl. No. 3564: Application of JOHN DEMPSEY/ROBIN RAEBURN for Variances: (a) for final approval under New York Town Law, Section 280-a over the existing private right-of-way, and (b) for permission to locate proposed dwell- ing with an insufficient setback from top of bluff along the Long Island Sound, per Article XI, Section lO0-119.2. Location of Property: Extending at the north end of a private right-of-way (traveled over lands of Bokina from the north side of Bridge Lane Extension and Oregon Road in a northerly direction) to the subject premises identified on the Suffolk County Tax Naps as District 1000, Section 73, Block 2, Lot 3.6 (prev. 3.4 and 3.5). The Board deliberated and took the following action: WHEREAS, a public hearing was held and concluded on Novem- ber 10, 1987 in the Matter of the Application of JOHN DEMPSEY under Appl. No. 3564; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounaing areas; and WHEREAS, the Board made the following Findings of Fact: 7. The premises in question is locatea in the A-40 Residential Zoning District and is known and referred to as Lot No. 2 on the Minor Subdivision Map of Robin A. Raeburn and Mary Elizabeth Mur- phy prepared February 5, 1979, amended September 26, 1979, by Roderick VanTuyl, P.C. and endorsed by the Cha.irman of the Southold Town Planning Board on October 2, 1987. 2. The subject premises contains a total area of 48,525± sq. ft., is presently vacant ~nd is identified on the Suffolk County Tax Maps as District 1000, Section 73, Block 2, Lot 3.6 (formerly 3.5 and 3.4). 3. By this application, appellant requests: (a) Variance from the Provisions of Article XI, Section 100-119.2 for permis- sion to locate a new Single-family dwelling structure with an insufficient setback from 75-ft. bluff contour line at 22± feet, and from the line depicted "top of bluff" which appears at an el6vation lower than the 75-foot elevation line at 28+ feet (see Map prepared by Anthony W. Lewandowski July 14, 1986) Southold Town Board of Appeals -35- November 18, (Appl. No. 3564 - DEMPSEY decision, continued:) 1987 Special Meeting (b) Variance pursuant to New York Town Law, Section 280-a for final approval over existing right-of-way. 4. Article XI, Section 100-119.2, subparagraph A[1] requires all buildings proposed on lots adjacent to the Long Island Sound to be set back not less than one-hundred (100) feet from the top of the bluff, or bank. 5. On-site inspections find as follows: (a) the predominant vegetation on the bluff face is Bayberry; however, areas along the top 20 feet of the bluff face are completely bare of vegetation; (b) the bottom third of the bluff face from the toe of the slope to approximately 40 feet up the face is also completely barren of vegetation. This is a very critical area and poses a great threat of erosion from wave action during storm activity. Without the necessary support at the toe of the slope, the soil above will slide downward and erode during or following storm activity. Any structures in close proximity to the edge are in danger of falling over if such erosion should take place; (c) the toe of the slope must be stabilized to prevent continual erosion of the bluff with a bulkhead or similar structure. 6. The dwelling as proposed is shown with a setback at 80± feet from the southeasterly corner of the dwelling and at 50± feet to the southerly property line. The angle of the bluff line is almost parallel with the south- erly property line, and the dwelling is angled 30± degrees to the north. 7. The upland distance between the outer edge of the top of the bluff and the southerly property line averages to 114± feet. The dimensions of the dwelling proposed by this application scale to 60 feet wide by 35 feet deep. The total setback footage of the remaining open yard areas is 79± feet (114 less 35). The Board agrees the property is unique and variances are warranted; however, the close placement of the dwelling to the bluff edge not only appears unsafe and unreasonable, but also unwarranted. Southold Town Board of Appeals -36- November 18, 1987 Special Meeting (Appl. No. 3564 - DEMPSEY decision, continued:) 8. Although there is a dwelling existing along the Long Island Sound bluff 225 or more feet (to the east) and a dwelling existing further to the west of the subject parcel, each parcel is unique not only as to size, shape and character, but also as to eroding bluff conditions. This Board finds that no structures should be permitted closer than 40 feet to the highest point of the bluff (or the 75-foot elevation line under consideration) for purposes of safety, health, welfare, convenience and order. 9. The right-of-way over which appellant has requested 280-a consideration is situated at the north side of Oregon Road (and Bridge Lane Extension), and extends in a northerly direction along the east side of Baxter's right-of-way and over lands of Bokina, a distance of 1868 feet, more or less, to a survey monument, then extending in an easterly direction along the northerly portion of lands also of Bokina, to the subject premises, a distance of 250 feet, more or less. 10. The applicant and his attorneys are aware that this Board does not have authority to determine or grant right-of-way easements; and this action does not grant or otherwise affect the appellant's rights, if any, to enter over and upon these lands. ll. It is also noted for the record: (a) that under Appeal No. 2609, a conditional 280-a Variance was granted on January 22, 1980 concerning this right-of-way~ (b) that under Appeal No. 3478, a conditional temporary 280-a Variance was granted on September 11, 1986 concerning this right-of-way~ (c) that to date no improvements have been made which would satisfy the requirements of the prior Z.B.A. actions or the requirements of New York Town Law, Section 280-a. 12. It is again the opinion of this Board that improve- ments will be necessary upon the right-of-way for sufficient access by fire and emergency vehicles, as further noted below. 13. It shall be understood that no building permits shall be issued or construction take place until compliance with these requirements and pursuant to New York Town Law, Section 280-a. 14. In granting alternative relief herein, the Board finds: (a) the relief is substantial in relation to the requirements; (b) there will be no substantial change in the character of this district; (c) the relief as conditioned herein will not cause a substantial detriment to adjoining properties; (d) the circumstances of the property are unique; (e) there is no other method feasible for appellant to pursue Southold Town Board of Appeals -3~- November 18, 1987 Special Meeting (Appl. No. 3564 DEMPSEY decision, continued:) other than a variance; the difficulty arose and factors, justice will be (f) in view of the manner in which in consideration of all the above served. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that: (1) The application as to an insufficient setback from the top of bluff as applied is DENIED; (2) Alternative relief is GRANTED for a reduced from the top of bluff at not less than 40 feet for the dwelling, SUBJECT TO THE FOLLOWING CONDITIONS: setback proposed (a) No excavation or disturbance of soils within 37 feet of top of bluff~ (b) All water runoff shall be retained toward the house [to the south]; (c) Small two-to-three-foot high berms shall be placed along the southerly property line (to in the prevention of flooding of neighboring properties, farm, roadway, etc.); aid (d) The subject premises remaining as a whole parcel, without division, and more particularly Lot No. 2 as shown on the Minor Subdivision Map for Robin A. Raeburn and Mary Elizabeth Murphy approved by the Southold Town Pla.nning Board. 3. The application as to approval York Town Law, Section 280-a, is hereby THE FOLLOWING CONDITIONS: of access under New GRANTED, SUBJECT TO (a) Such access road shall have an unobstructed width of not less than fifteen feet (except at the point where the barn exists), and improved as follows: 1. Surface with a minimum depth of four inches of packed 3/4-inch stone blend, either applied to the ground surface and shaped, or the surface Southold Town Board of Appeals -38- November 18, 1987 Special Meeting (Appl. No. 3564 DEMPSEY decision, continued:) be excavated to permit the application of packed stone blend to a depth of four inches (or more), OR 2. Remove top layer to a depth of eight then fill with eight inches of compacted and then surface with two to four inches stone blend; inches and bank run, of 3/4-inch 3. Oiled with a minimum of 4/lOths of a gallon of road oil per square yard. (b) No building permits, temporary or final Certificates of Occupancy shall be issued until such access road has been constructed in accordance with these requirements (after notification to the Z.B.A. Office in writing). The Board of Appeals may make any reasonable exception it deems appropriate under the circumstances. (c) The right-of-way shall be maintained at all times in good, satisfactory condition; (d) The conditions hereunder shall apply to any and all lots claiming and requiring access over this right-of-way, and will also be subject to para- graph 3(b), supra [or as an alternative, re-apply to this Board under separate application for 280-a]. Vote of the Board: Ayes: Messrs. Douglass and Sawicki. (Member Doyen of This resolution was duly adopted. Goehringer, Grigonis, Fishers Island was absent.) Southold Town Board of Appeals -39- November 18, 1987 Special Meeting DELIBERATIONS/DECISION: Appl. No. 3674-SE: Application of RICHARD MULLEN, JR. for a Special Exception to the Zoning Ordinance, Article VII, Section 100-70 (and 100-71) for permis- sion to construct addition for showroom use incidental to the existing car-sales business use in this "B-l" General Business Zoning District. Location of Property: Corner of Main Road and the East Side of Cottage Place, Southold, NY; 1000-62-3-19 and 20. The Board deliberated and took the following action: WHEREAS, a public hearing was held and concluded on Novemq ber 10, 1987 in the Matter of the Application of RICHARD MULLEN JR. under Application No. 3674 (S.E.); and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. The premises in question is locate~ in the B-1 Gen. Business Zoning District and is a 100' by 197' parcel of improved land identi- fied on the Suffolk County Tax Maps as District 1000, Section 62, Block 3, Lot 20. Abutting this property along the south side is other land of the applicant herein which has been the subject of prior Appeals No. 3608 rendered April 2, 1987 and No. 3634 rendered June 30, 1987. 2. The subject premises is improved with the principal one-story building used for car sales and repairs, and two existing accessory buildings, all as shown by site plan prepared June 15, 1987 by Antonu~ci & Lawless, Yonkers, New York. 3. By this application, applicant requests a Special Exception under the Provisions of Article VII, Sections Southold Town Board of Appeals -40- November 18, 1987 Special Meeting (Appl. No. 3674SE MULLEN decision, continued:) 100-70 and lO0-71 for permission to establish a car-showroom use in a proposed 19± feet by 29-ft. wide addition, which is to be used in conjunction with the existing car-sales business. 4. The proposed building is to set back not less than 15 feet from the northeast corner of the addition to the northerly front property line and approximately 20 feet at the northwesterly section. A 10-foot grass buffer area exists between the applicant's property line and the street line. The setback from the westerly front property line (along Cottage Place will not be reduced by this proposed project. 5, In considering this application, the Board has deter- mined: (a) the uses proposed will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (b) the uses will not prevent the orderly and reasonable use of permitted or legally established uses in adjacent use districts; (c) the safety, health, welfare, comfort, convenience, and order of the Town will not be adversely affected by the proposed use and its location; (d) the use will be in harmony with and promote the general purposes and intent of the zonin~ ordinance. The Board has also considered items [a] through L1] of Article XII, Section 100-121(C)[2] of the Zoning Code. Accordingly on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Application No. 3674 in the Matter of the Application of RICHARD MULLEN JR. for the construction and use of a one-story, 19-foot addition as shown on the June 15, 1987 Site Plan prepared by Antonucci & Lawless, Architects and Engineers, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the setback at the closest points be not less than 14 feet from the front (north) property line [as applied]; 2. No vehicles between the proposed addition and forward (to the north front property line). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. Southold Town Board of Appeals -41- November 18, 1987 Special Meeting DELIBERATIONS/DECISION: Appeal No. 3675: Application of RICHARD MULLEN JR. for a Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for permission to construct showroom addition with an insufficient frontyard setback from the north property line. Location of Property: Corner of Main Road and the East Side of Cottage Place, Southold, NY; County Tax Map Parcel No. 1000-62-3-20 and 19. The Board deliberated and took the foll6wing action: WHEREAS, a public hearing was held and concluded on Novem- ber 10, 1987 tn the Matter of the Application of RICHARD MULLEN, under Application No. $675; and JR. WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. The premises in question is locate~ in the B-1 General Business Zoning District and is a 100' by 197' parcel of improved land identified on the Suffolk County Tax Maps as District 1000, Section 62, Block 3, Lot 20. Abutting this property along the south side is other land of the applicant herein which ha~ been the subject of prior Appeals No. 3608 rendered April 2, 1987 and No. 3634 rendered June 30, 1987. 2. The subject premises is improved with the principal one-story building used for car sales and repairs, and two existing accessory buildings, all as shown by site plan prepared June 15, 1987 by Antonucci & Lawless-, Yonkers, New York. 3. By this application, appellant requests a variance from the provisions of Article VII, Section 100-71, Bulk Schedule of the Zoning Code which requires a minimum front- yard setback at 35 feet. Southold Town Board of Appeals -42-November 18, 1987 Special Meeting (Appl. No. 3675 - MULLEN decision, continued:) 4. The relief requested by this application is a reduction from the present 33.5 feet for a 19' by 29' wide addition, to a setback at not less than 15 feet at the northeast corner and with a setback of approximately 20 feet at the northwest corner from the northerly front property line (along the Main Road). A lO-foot grass buffer area exists between the applicant's property line and the street line. The setback from the westerly front property line (along Cottage Place) will not be reduced by this proposed project. 5. In viewing the immediate area, it is noted that principal buildings in the area are set back off the Main Road at a similar or lesser setback than that proposed herein. 6. It is noted for the record that although provision has been made for the residential zoning district under Article III, Section 100-33 of the Zoning Code for similar circumstances, no provision has been added under the B-l General Business District which would permit the average setback of existing structures within 300 feet on the same side of the street, same block, and same use district. 7. It is the opinion of this Board that the grant of this variance: (a) will not cause a change in the character of this district; (b) will not cause a substantial effect or detriment to adjoining properties; (c) is the minimal necessary and is not substantial in relation to those established in the immediate area; (d) will be within the spirit of the zoning ordinance. 8. It was further determined that: (a) the circum- stances of the property are unique and are not personal in nature; (b) there is no other method feasible for appellant to pursue other than a variance; (c) in view of all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appeal Southold Town Board of Appeals -43- November 18, 1987 Special Meeting (Appl. No. 3675 MULLEN decision, continued:) No. 3675 in the Matter of the Application of RICHARD MULLEN, JR. for the construction of a one-story, 19-foot addition as shown on the June 15, 1987 Site Plan prepared by Antonucci & Lawless, Architects and Engineers, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the setback at the closest points be not less than 14 feet from the front (north) property line [as applied]; 2. No vehicles between the proposed addition and forward (to the north front property line). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. The Board indicated that the following matters would be decided upon following deliberations at the next meeting: Appl. No. 3677 ROBERT MOHR. Appl. No. 3514 GEORGE P. SCHADE. Appl. No. 3672 ANTHONY GAMBINO. CALENDAR OF HEARINGS FOR DECEMBER 10, 1987: On motion by Member Douglass, seconded by Chairman Goehringer, it was RESOLVED, to direct and authorize Board Clerk, Linda Kowalski, to publish the following matters to be held for public hearings on THURSDAY, DECEMBER 10, 1987, in the Meeting Hall, Southold Town Hall, Main Road, Southold, NY, in both the official and local newspapers of the Town, to wit: Suffolk Times, Inc. and L.I. Traveler-Watchman: 7:30 p.m. Appl. No. 3566 THEODOSE TRATAROS and ERAKLIS APODIACOS, 7:35 p.m. Appl. No. 3694 THERESA CZECH, 7:40 p.m. Appl. No. 3695 HENRY J. SMITH & SON; 7:45 p.m. Appl. No. 3689 - PETER AND DIANE LUHRS; 7:50 p.m. Appl. No. 3691 HOSNY SELIM, Southold Town Board of Appeals -44- November 18, 1987 Special Meeting (Hearings Calendar, continued:) 8:05 p.m. Appl 8:10 p.m. Appl 8:15 p.m. Appl 8:25 p.m. Appl 8:40 p.m. Appl 8:55 p.m. Appl No. 3696 No. 3676 No. 3671 No. 3543 No. 3561 No. 3686 - RICHARD NASS~ - ANTHONY ROBUSTELLI; - ANDRE AND THOMAS CYBULSKI, - PETER AND BARBARA HERZ~ - DOROTHY L. ROBERTSON~ - FREDERICK AND DIANE RAYMES. The following ~d~tes were following files: noted for the record on the Appl. No. 3636 - TARTAN OIL CO. (Variance). Planning Board input has not been submitted concerning the site-plan review pending in the Planning Board Office at this time. The site-plan submission was cohfirmed recently as "incomplete" pending additional elements on the engineer's plan. Appl. No~ 3633 - TARTAN OIL CO. lSpecial Exception). Planning Board input not received. The Chairman indicated that if the applicants wishes to proceed with his applications pending before this Board, and without Planning Board input, he should confirm same in writing before publication is made. OTHER UPDATES: Appl. No. 3693 - STEPHEN PERRICONE and FRANK VECCHIARELLI. Lot 21, Lupron Point Road, Mattituck. New dwelling proposed with insufficient setback from wetlands. Await Town Trustee and N.Y,S. D.E.C, action. Await input from the Suffolk County Soil & Water Conservation District. Appl. No. 3687 - JON KERBS. January 1988 calendar hold-over pending on-site inspections and consultation with Town Attorney. Appl, No, 3681 ANTHONY & ANGELA LEONE. Deep Hole Drive, Mattituck. Await Planning Board input on their jurisdiction of subdivision elements. Southold Town Board of Appeals -45- November 18, 1987 SpeEial Meeting UPDATE: Other Matters Pending Public Hearings (awaiting additional information as noted below): Appeal No. 3259 NICHOLAS ALIANO. Special Exception to establish four two-story motel buildings containing l0 motel units for transient use, and an office building of 2,500 sq. ft. in area 6n this 3.721-acre parcel, zoned "B-Light Business." S/s Main Road, Greenport (along the east side of 7:ll). **Recessed hearing from 8/23/84 awaiting Village of Greenport contracts to which this plan is contingent upon before action 6an be taken. Appeal No. 3558 NICK AND ANNA PALEOS. Variance for insufficient area, width and depth (three proposed lots). S/s C.R. 48, Peconic (formerly Hass). Await Art. 6 Subdivision Action before advertising. (P.B. review 10/6/86). H. Raynor, Agent. Appeal No. 3561 DOROTHY L. ROBERTSON. Variance for insufficient area, width and depth (tw~--i~s). S/s Northview Drive, Orient. Await Art. 6 Action before advertising. R. Bruer, Esq. ~Appcal No. 35~)I ~EJ)R~Z-E DAM~LE-N. Ja~c-k-~o-n St., Nev~-S,~f-~elk. Variances for insu_f~rPa-~-wq-d~-t~,,-depth. Await Art. 6 Ac~ti on--per-Co.~T--~! th D~pt. comm~nJ~-i-~ns. Appeal No. 3298 - C & L REALTY/PORT OF EGYPT. Variance to construct 40-unit motel on insufficient buildable upland of 4.83 acres and having insufficient sideyards. S/s Main Road (prev. Southold Fishing Station/Morris), Southold. (**Await corrected site plans, topographical survey including lowest floor elevations above mean sea level, Health Department approvals, N.Y.S.D.E.C. action, comments or input from Planning Board after review of site plan.) 10/9/84 Appeal No. 3183 - MARY N. CODE. Smith Drive North, S6uthold. Proposed re.5~paration of lots. Await DEC and Planning Board applications to be filed for coordination/action. Appeal No. 3274 - BEST, SCHMITT, SYVERSON. Variances for insufficient area, width in proposed division of land. ROW off E/s Camp Mineola Road, along Great Peconic Bay, Mattituck. (**Await Co. Health Art. 6, N.Y.S. D.E.C., Planning Board before advertising public hearing. Recent change in title.) ~ Appeal No. 2929 - SAL CAIOLA. Project as proposed is questionable. Status/clarification awaited. N/s CR 48, Southold. Southold Town Board of Appeals -46- November 18, 1987 Special Meeting (UPDATE, continued:) Ap'pcal Ho. 3271 - FLORENCE ROLLE. Variance~ .... a ~nd depth, ~wo parcels, E s~~ ]~---d~Fo-'lq-/~--Kraus Road, ~ -' ' ualt C. nMpalth Art. 6 action.-) Appeal No. 3342 - PHILI! R. REINHARDT. Variances for area and width (two parcel--~. **Recesse~--from 5/25/83 as requested by attorney for County Health Dept. Art. 6 action (and DEC). N/s Pine N6ck Road (opposite Park Way), Southold. R. Bruer, Esq. Appeal No. 3191 - HERBERT MANDEL. Variance to change lot line and locate garage, in front/side yard areas. E/s Liner Lane Extension, Greenport. Premises of Clempner and Mandel. (Await DEC action and PB input before advertising.) Appeal No. 3249 DONALD P. BRICKLEY. .... Variance for insufficient area and width. S/s Bay Avenue and E/s Broadwater Urive, Cutchogue. (**Await DEC, Art. 6 action and con~our maps.) Appeal- No. 3268 J. KATHERINE TUTHILL.__ Variance for insufficient area, width and depth of lots proposed in this "C" Zone. Planning Board denied 9/84. (**AwaiC DEC and Co. Health Art. 6 action after formal applications.) Appeal No, 3542 TIDEMARK/CLIFFSIDE ASSOCIATES. Await copies of Co. Health appPoval, updated certification on amended maps by Building Inspector, and continuation of SEQRA prodess when file is complete. P.B. received 12/22/86; DEC received 11/6/86. Appeal No, 3537 ROBERT AND SUSAN D'URSO~ Breezy Path, Southold. ~ait DEC, Co. Health and Trustee actions (after formal app)ications) to complete file. New dwelling with insufficient setback from wetlands and bulkhead. R. Bruer, Esq. Appeal No. 3545 - PATRICK STIGLIANI. Main Bayview Road, Southold. Await Co. Health ~r~ ? a~jon- Area, width and depth variances. Alfred Skidmore ~q (V~llage water not available.) -Appe~-~--No. 3546-----G-REGORY--FOL~-A.R~R~t-i~F uF requested concerning disturba '~ ound [)luff. Await DEC.~t' ~cation) to alter bluff areas before Southold Town Board of Appeals -47- November 18, 1987 Special Meeting (UPDATE, continued:) Appea'l No. 3575 ROSA HODGSON. Variances as to insufficient area and width of proposed 45,000± sq. ft. lot from 7.152-acre parcel. N?~'Pine Neck Road, Southold. Await Co. Ilealth Art. 6 action. Garrett A. Strang, Architect, to send letter clarifying ROW ownership, etc. (Public Hearing not to be held before 4/7/87). Appeal No. 3389 - THEODORE PETIKAS, Variance to use residential portion of premises for restaurant use. W/s~Sound Road and N/s Main Road, Greenport. Await further instructions from attorney or applicant. Await PB input on revisions. Appl. No. 3586SE - ROBERT AND IIELEN ~![~R. Speci~c-p-t,~-e~- for Bed and Breakfast. : Await det~~--ot~--SqTt~-a] Exception for Accessory An~l~e~:~'~-~bout 3/5/87 before proceeding. 355 T~ry Lane, Snuthnld. Appeal No. 3600SE ~ T. LUCAS AND G. & A. BELIS. Special Exception to allow 70 motel units on 7.~51G '~%-S--~'oned "B-Light" Business, 4,000 sq. ft. of land area per unit with Village wat(~r. S/s Main Road (prey. golf range), Greenport. Await ~ix items per our Resolution 1/8/87, before advertising for public hearinq. Appeal No. 3549 - J. KALIN AND B. GIBBS. Variances as insufficient area, width and depth. N/s Main Road, Orient. Await CO. Health Art. 6 waiver and copies of current deeds. (As of 2/19/87 Co. Health Art. 6 appl. not filed.) tO Appeal No. 3556 - EUGENE AND ANN BURGER. Variance for deed with insufficient setback from wetlands along Little Creek. 2515 Pine Tree Road, Cutchogue.. Await CO and exact setback requested from nearest wetlands. Photographs may be furnished after flagging of construction area. Appcal No. 3602 75 feet of existing bulkhead and-] ,., ot coverage. 640 Takapo~) ,~Y~-~-~-uthold. (Await l'rustee and D[~S before advertising ) Appeal Ne. 3564 - JOIIN D[HPS[Y (Contract Vendee). Variar. c-~s for insufficient setback from bluff and 2~0 a. ~I~o rcc(~rd of %osgn approva} on 5ubdivi>;un. C.O. not availab'le. H/~ ROW off 'LJi~ N/s Oregon Road, CutchogLle. [Await additional dubumenLaLion.]' Appeal No. 3206 HENRY P. SI.1ITII. Variances for insufficient area a~ Wiath (tvm lots.--)-/--lJT~-'P~-6~ic Lane, Peconic. P. Ofrias, Esq. Multiple business uses. P.B. recommends 24 parking spaces. (No communications received since 7/26/84.) Appeal No. 3548 FRANK R. ZALESKI. Variances for insufficient area, width and depth (three parcels in pdnding division). E/s Deep Hole Drive, ~.~,ttit'uck. 1/295-acre described parcel. Await Co. Health Art. 6 ~val. Rec. PB input and DEC permit (exp. 12/87). Henry ~m~lor, ,qu ..... Southold Town Board of Appeals -48- November 18, 1987 Special Meeting Appeal No. 3445 JULIUS ZEBROSKI. Variance for approval of insuff~area and width of two pro- posed lots. E/s Waterview Drive and N/s Bayview Road, Southold. (**Await Art. VI action and copy of C.O.) Paul Caminiti, Esq. Appeal No. 3449 - FRANK AND ETHEL BEGORA. Variances for insufficient area, width and depth in this pending division (three parcels). N/s Main Road, East Marion. (Await P,B. application/referral comments after sub- mission.of corrected maps (for three rather than twoi await C.O. of record, if any.) Paul Caminiti, Esq. Appeal No. 3403 - ANNA LORIA. Variances for approval of two parcels having insufficient area, width and depth in this pending division of land. W/s First Street and N/s King Street, New Suffolk. (Await Co. Health Art. VI action after application.) Appeal No. 3426 GERALD DOROSKI. Variance for approval of access (280-a). N/s C.R. 48, Peconic. (Await additional information to clarify RO~ and P.B. input on pending division abutting premises to the east.) Appeal No. 3411 ANDREW FOHRKOLB. Variance to restore existing building for habitable use (additional dwelling unit). S/s Lipco Road, Mattituck. (Await scaled floor plans and C.O.) Helen Rosenblum, Esq. Appl. No. 3607 JAMES P. O'NEILL AND PETER J. McSHERRY. Area, width, depth variances. Wiggins & 8th Streets, Greenport. [Await Co. Health action and copy of Pre-C.O,]. Appl. No. 3685 Board input and publication. 36 Width variances. LESTER & HOPE ALBERTSON. Await Planning County Health Art. VI action before 125 Ma~n Road, Southold. Area & B-l Zone District. Southold Town Board of Appeals -49- November 18, 1987 Special Meeting App~dl Nu. 3514 - GEORGE P. SCIIAD[. V,, ;ances insufficient area, width and d' s pending division.~ ~a th Art. VI waiver/action ~ertising.) Appeal No. 3495 - JOHN AND GLORIA SHIRVELL. Variances for insufficient area, width and depth of two proposed parcels. North Side of Pine Tree Road, Cutchogue. (Await Co. Health Art. VI waiver/action before advertising.) Appeal (incomplete) for LOIS AND FRANK THORP. East Side of West Lane and S/s North Lane C~ivate), off the east side of Orchard Lane, East Marion. Variances for approval of insufficient area, width, depth, etc. of lots in pend- ing division. (**Await Notice of Disapproval after application to Building Department, reissuance of filing fee, postmarked certified-mail receipts, etc. Appeal No. 3293 - HAROLD AND JOSEPHINE DENEEN Variances for proposed insufficient area, width and d~pth of three parcels. W/s ROW off the S/s Bayview Road (west of Waterview Drive), Southold. 280-a not requested. (**Await Co. Health Art. VI and DEC approvals/action.) ~ppeal No. 3367 LOIS AND PATRICIA LESNIKOWSKI. Variance for approval of two proposed parcels with insufficient area and width. S/s North Drive, Mattituck. (**Await DEC, building envelope setbacks, and setbacks from wetland grasses.) Appeal No. 3355 PAUL AND MARIETTA £ANALIZO. Variance to construct with insufficient setback in frontyard from wetlands.. (**Await DEC and wetland setbacks map. Trustees reviews peoding--new application may be necessary for Trustee action-and DEC action updates.) Southold Town Board of Appeals -50- November 18, 1987 Special Meeting (Updates, continued:) Appeal No. 3652 - ANNA AND GUIDO CIACIA. Variances for area, width, depth, yard setbacks in this "B-Light Zone. Corner of Main Road and Kerwin Boulevard, Greenport. [Await Co. Health and P.B. reviews] Appeal Appeal Appl. Appeal No. 3649 - CHRIS AND WILLIAM CONNORS. Variance for insufficient setback from wetlands. West Drive, Southold, [Await finalization of SEQRA and Town Trustee action]before advertising.] No, 3636 - TARTAN OIL CO. VarianJ~ for convenience store as accessory use to gasoline service. Corners of S/s Main Road, E/s Sunset Lane and W/s Marratooka Road, Mattituck. [Await additional information and P.B. reviews.] No. 3633 TARTAN DIL CO. Special Exception for partial self-service gasoline station. Main Road, Marratooka and Sunset Lanes, Mattituck. [Await additional information and P.B. reviews.] No. 3627 - LILLIAN VISHNO. Variances for insuffi- cient area, width and depth.for three proposed lots. 810 Corwin St., Greenport. [Await Co. Health and P.B. applications/reviews/communications.] Appeal No. 362J - GEORGE AND JAN[ KAYTIS. A) ea vo~i~ two proposed lots at Paradi~~-(~i~rFt--R-O-J~d, Southold. [Await Co...~?r-a~r-P.B. applications/reviews/ commu~lcations.] Appeal No. 3614 - ROBERT AND ETHEL SCHROEDER. Interpreta- tion request. S/s Route 25, East Marion. [Await confirmation of activities conducted and survey. Further direction awaited from applicant§' attorney.] The meeting was declared adjourned at 9:00 p.m. Respectfully submitted, ~ K~cretary Southold Town Board of Appeals