HomeMy WebLinkAboutZBA-07/27/1987 SPECSouthold Town Board of Appeals
MAIN ROAD- STATE ROAD 25, SOUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 765 1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCK[
M I N U T E S
SPECIAL MEETING
MONDAY, JULY 27, 1987
A Special Meeting of the Southold Town Board of Appeals
was held on MONDAY, JULY 27~ 1987 at 7:00 o'clock p.m. at
the Southold Town Hall, Main Road, Southold, New York 11971.
Present were: Gerard P. Goehringer, Chairman; Charles
Grigonis, Jr.; Robert J. Douglass and Joseph H. Sawicki, con-
stituting four of the five Board Members. Absent was: Serge
Doyen, Member, of Fishers Island. Also present were: Victor
Lessard, Building-Department Administrator and Linda F. Kowal-
ski, Board Secretary,
The Chairman opened the meeting at 7:00 p.m. and proceeded
with deliberations in the following matter:
DELIBERATIONS/DECISION: Appeal No. 3496:
Application of FREDERICK KOEHLER~ JR. Variance to the Zoning
Ordinance, Article XI, Section-lO0-119.2 for permission to construct
38' by 16' beach pavillion and attached deck areas extending a
length of 124± feet and width of 28 feet (exclusive of stairs),
accessory and incidental to the established single-family residential
use of the premises, not to be operated for sleeping Dr habitable
purposes and not operated for gain, within 75 feet of ordinary
highwater mark and/or landward edge of tidal wetland, along Peconic
Bay, 575 Old Harbor Road, New Suffolk, NY; County Tax Map District
1000, Section 117, Block 03, Lot 06.
Following deliberations, the Board took the following action:
Southold Town Board of Appeals -2- July 27, 1987 Special Meeting
(Appl. No. 3496 - KOEHLER decision, continued:)
WHEREAS, a public hearing was held and concluded on July
1987 in the Matter of the Application of FREDERICK KOEHLER, JR.
under Appl. No. 3496; and
162
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. By this applications appellant requests a Variance from
Article XI, Section 100-119.2 of the Zoning Code for permission
to construct a 38' by 16~ beach cabana with attached decks as
more particularly shown on site plans dated May 27, 1987,
prepared by Samuels-Steelman, Architects.
2. The premises in question is a described parcel contain-
ing an area of 2.8± acres, with a frontage llot width) along Old
Harbor Road of 329.42 feet, and average depth of 660± feet.
3. The site plan prepared May 27, 1987 by Samuels-Steelman,
Architects, depicts the following improvements: (a) 1½-story,
single-family dwelling set back 165± feet from the 30'high
contour and 218± feet from the existing bulkhead below the
10-ft. high contour; (b) three-car garage in the frontyard
area; (c) existing wooden bulkhead with top elevation at 9 feet.
4. The structures applied and depicted on the May 27, 1987
Site Plan include the following: (a) 37'6" wide by 26'8" founda-
tion and first-floor (only) cabana structure; (b) open [unen-
closed] deck areas (el. 14.01 ft.) extending a maximum length of
153± feet and average depth of 29± feet; (c) 3'8" by 18'
storage shed (el. 14.01 ft.) within deck area at northeasterly
section.
5. The structures are proposed with a setback of zero from
Southold Town Board of Appeals -3- July 27, 1987 Special Meeting
(Appl. No. 3496 KOEHLER decision, continued:)
the existing bulkhead, 44± feet from the highwater mark along
rear property line, and setback of zero from the beach areas
directly below the existing bulkhead. Also proposed as shown
on the Site Plan stamped by the Suffolk County Department of
Health Services last dated April 2, 1987, are a forced main
sanitary connection line to the dwelling's existing sanitary
system (to the north), and new domestic water-line connection
to the existing dwelling's water system.
6. The elevation contour lines are at variations at
the existing bulkhead from nine feet, 10 feet, 15 feet, 20
feet, and rising to 30 feet and more~. ~No grade alterations
are shown in the application, except minimally for the
placement of pilings depicted on Drawing 3 of May 27, 1987.
Seepage of water from the ~'pond" area is evident above and
below the bulkhead where cabana is proposed (see June 26,
1987 report from the Suffolk County Soil and Water Conser-
vation District).
7. The height of the structure from ground level to
roof ridge is shown no~ to exceed l0 feet from the 20 ft.
elevation contour and not to exceed 17 feet from the top of
existing bulkhead (Drawing l, 5/27/87).
8. Outside entranceways are shown from the north
side and the south sides of %he structure? The structure
is proposed for "cabana~ uses, including porch areas,
baths including vanities, toilets, showers, dressing
rooms, without storage areas.
9. Article XI, Section 100-119.2 requires all build-
ings and structures to be set back not less than seventy-five
(75) feet from a tidal water body, tidal wetland edge, or
freshwater wetland.
10. Article III, Section lO0-31 permits the establish-
ment of an accessory use only as listed therein for
storage purposes only and does not list cabana uses, cabins
or small houses such as that proposed herein as a permitted
use. This application requests relief from Article XI,
Section 100-119.2 for a setback variance and does not request
or address relief for such use.
ll. The Courts have held that area setback variances
the
Southold Town Board of Appeals -4- July 27, 1987 Special Meeting
(Appl. No. 3496 KOEHLER decision, continued:)
must meet the "practical difficulties" standard, consider-
ing at least the following: (a) that the relief requested
is not substantial in relation to the requirement; (b)
that the project as proposed is not out of character with
the neighborhood; (c) the circumstances of the property
are unique and are not personal in nature; (d) that the
variance will not in turn be adverse to the safety, health,
welfare, comfort, convenience, or order of the town; (e)
that the variance requested is the minimal necessary; (f)
that there is no other method feasible for appellants to
pursue other than a variance; (g) the effect, if the variance
is allowed, of the increased population d~nsity thus produced
on available governmental facilities; (h) whether in view of
the manner in which the difficulty arose and in consideration
of the above factors, the interests of justice will be served
by allowing the variance.
12. It is the position of the Board as follows:
(a) that the relief requested is substantial in rela-
tion to the requirements, being a variance of 31± feet, or
42% of the requirements;
(b) that the project as proposed is not within the
character of the neighborhood or within the intent of zoning
since the use of the.proposed structure is not in conformance
with those accessory uses permitted by Article III, Section
100-31 of the Zoning Ordinance;
(c) the circumstances of the property are not unique,
particularly due to the available rear yard area between the
dwelling and the existing bulkhead area of more than 210
feet;
(d) the relief requested may be adverse to the safety,
health, welfare, comfort, convenience or order of the town,
particularly due to the closeness of the proposed structure
over the existing bulkhead and to the beach areas;
(e) there is another method feasible for appellant
to pursue other than a variance;
(f) the variance if allowed will not have an effect of
increased population density thus produced on available govern-
mental facilities;
Southold Town Board of Appeals -5- July 27, 1987 Special Meeting
(Appl. No. 3496 KOEHLER decision, continued:)
(g) in view of the manner in which the difficulty arose
and in consideration of all the above factors, the interests
of justice will not be served by allowing the variance as
applied herein.
13. It is further the determination of this Board that
the appellant has not demonstrated that a strict application
of Section 100-119.2B of the Zoning Code would result in
practical difficulties and significant economic injury.
Accordingly, on motion by Mr. Grigonis, seconded by
Mr. Douglass, it was
RESOLVED, to DENY the relief requested under Appeal No.
3496 in the Matter of the Application for FREDERICK KOEHLER, JR.
for a cabana with reduced setback from bulkhead and highwater
mark, 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 -6- July 27, 1987 Special Meeting
DELIBERATIONS/DECISION: Appeal No. 3645:
Application of PAUL AND CHARLOTTE GALGAN for a Variance to the
Zoning Ordinance, Article XI, Section 100-119.2, for permission to
construct additions to dwelling landward of existing construction
and within 75 feet of existing bulkhead along Eugene's Creek, 4605
Stillwater Avenue, Cutchogue, NY; County Tax Map District 1000,
Section 137, Block 03, Lot 05.
Following deliberations, the Board took the following action:
WHEREAS, a public hearing was held and concluded on July 16,
1987 in the Matter of the Application of PAUL AND CHARLOTTE GALGAN
under Appeal No. 5645; 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
familiar with the premises in question,
and the surrounding areas; and
personally viewed and are
its present zoning,
WHEREAS, the Board made the following findings of fact:
1. By this application, appellants request a Variance from
the Provisions of the Zoning Code, Article XI, Section 100-119.2(B)
for permission to construct: (a) an lO' wide by 24' addition at
the westerly side of the existing single-family dwelling leaving
a sideyard at not less than 15 feet and a setback from the existing
bulkhead at not less than 56 feet at its closest point; (b) an
3' wide by 8'7" addition at the easterly side of the dwelling
shown to be set back more than 60 feet from the existing bulkhead;
and (c) 6' by 8' addition with 4'6" by 8' landing, all as more
particularly shown by construction plan prepared and amended
May 26, 1987 (No. 857F) and sketched surveys submitted with this
application.
2. The premises in question is located along the
south (southeast) side of Stillwater Avenue, Hamlet of Cutchogue,
Town of Southold, containing a total lot area of 20,200± sq. ft.
and lot width of 75 feet, and is improved with a single-family
one-story frame dwelling structure set back 39± feet from the
existing bulkhead along Eugene's Creek, as shown on Young &
Young survey filed under this application. The subject
Southold Town Board of Appeals -7- July 27, 1987 Special Meeting
(Appeal No. 3645 GALGAN decision, continued:)
premises is also known as Lots 2 and one-half of 3, "Map of
M.S. Hand Subdivision" filed in the Office of the Suffolk County
Clerk September 19, 1930, Map No. 730.
3. Article XI, Section 100-119.2 requires all buildings
and structures to be set back not less than seventy-five feet
(75) feet from a tidal water body, tidal wetland edge, or fresh-
water wetland.
4~ It is the position of this Board that the circum-
stances of the property lend to the granting of the relief
requested, particularly due to the existing bulkhead separating
the wetland areas from the upland and due to the fact that
the new construction is proposed landward of substantial
residential structures immediately upon the premises.
5. 'It is the opinion of the Board that:
(a) appellants request is not unreasonable and is
the minimal necessary;
(b) the project as proposed is within the character
of the neighborhood since the construction proposed is landward
of existing construction in the area;
(c) the circumstances of the property are unique,
particularly due to the substandard size;
(d) there is no other method feasible for appel-
lants to pursue other than a variance;
(e) the variance will not in turn be adverse to
the safety, health, welfare, comfort, convenience or order of
the town;
(f) in view of all the above factors, the relief
requested will be within the spirit of the zoning ordinance
and will serve the interests of justice.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Sawicki, it was
RESOLVED, to APPROVE the variances as applied in the
Matter of the Application of PAUL AND CHARLOTTE GALGAN under
Appeal No. 3645, and more particularly described in paragraph
l, supra.
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- July 27, 1987 Special Meeting
DELIBERATIONS/DECISION: Appeal No. 3639:
Application for WILHELM FRANKEN for Variances to the Zoning
Ordinance, Article III, Section 100-32 and Article XI, Section
100-119.2, for permission to locate 25' by 25' accessory building
in sideyard area and with insufficient setback from existing bulk-
head along Gull Pond Inlet. Location of Property: West Side of
Osprey Nest Road, Greenport, NY; Cleaves Point Subdivision
Section I, Map 2752, Subdivision Lots 14 and 15; County Tax Map
District 1000, Section 35, Block 6, Lots 22, 23 and 24 (now 24.1).
Following deliberations, the Board took the following action:
WHEREAS, a public hearing was held and concluded on July
1987 in the Matter of the Application of WILHELM FRANKEN under
Appeal No. 3639; and
16,
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. By this application, appellant requests Variances from
the Provisions of the Zoning Code for permission to locate a
25' x 25' accessory (storage) building, at a point not closer
than 18 feet from the front property line along Osprey Nest
Road and not less than 56 feet from the bulkhead at its closest
point, all as shown on sketched plan dated April 28, 1987,
prepared by J.H. Geideman.
2. The premises in question contains a total lot area of
29,200± sq. ft., is referred to on the Cleaves Point Properties
September 10, 1957 Map No. 2752 as Lots 14, 15 and a strip of 25,
and is improved with a single-family dwelling set back 35 feet
at its closest point to the front property line and 32 feet from
the nearest bulkhead. The subject premises is more particularly
known on the Suffolk County Tax Maps as District 1000, Section
35, Block 6, Lot 24.1.
3. Article XI, Section 100-119.2 requires all buildings
and structures to be set back not less than seventy-five (75)
feet from a tidal water body, tidal wetland edge, or freshwater
wetland.
Southold Town Board of Appeals-9- July 27, 1987 Special Meeting
(Appeal No. 3639 WILHELM FRANKEN, decision, continued:)
4. Article III, Section 100-32 requires accessory build-
ings to be located only in the rearyard area.
5. It is the opinion of the Board that the construction
of an accessory storage building in any yard area upon this
parcel will require variances, and the location chosen by this
application is the most feasible, provided it is placed as
applied.
6. It is also the opinion of the Board that:
(a) appellants request is not unreasonable and the
circumstances of the property lend to the difficulties;
safety,
town;
(b) the variance will not in turn be adverse to the
health, welfare, comfort, convenience or order of the
(c) the relief requested is not substantial in
relation to the requirements;
(d) there is no other method feasible for
appellant to pursue other than a variance;
(e) there will be no detriment to adjoining
properties;
(f in view of all the above factors, the interests
of justice will be served by granting the variances as applied.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Sawicki, it was
RESOLVED, to GRANT the relief requested under Appeal
No. 3639 in the Matter of the Application for WILHELM FRANKEN
to construct 25' by 25' accessory (storage) building~ SUBJECT
TO THE FOLLOWING CONDITIONS:
1. Setbacks to be not closer than 18 feet to the front
property line along Osprey Nest Road and not closer than 56
feet to the bulkhead, at its closest points, as applied;
2. Accessory building Shall be used for storage
Southold Town Board of Appeals-lO-July 27, 1987 Special Meeting
(Appeal No. 3639 - FRANKEN decision, continued:)
purposes incidential to the residential use of this property,
not to be operated for gain;
3. Accessory building shall not exceed height from
grade to ridge of 12 feet;
4. No plumbing facilities (except for outside hose
connections), and no sleeping or living area.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was
absent.) This resolution was duly adopted.
CODE REVISION RECOMMENDATIONS: The Board Members
unanimously agreed to Agenda Item #III(A), as follows:
I. Art. XI, Section 100-119.2 and Ch. 97 (Wetland Projects)
A. Eliminate
OR
B. Add
1.
duplicate reviews by Z.B.A. and Trustees,
the following List of Exceptions for Z.B.A. reviews:
New construction is landward of existing (legal)
construction, including bulkheads, accessory
buildings, principal buildings, stone walls (not
fences);
2. New construction is landward of continual 5 ft.
elevation above mean sea level and/or more than
100 feet from highest bluff elevation.
3. New construction is landward of neighboring
structure setbacks (as established).
[Proof of the above to be furnished to Building
Inspector by certified survey when applying for building
permit.]
C. Add Town Trustee jurisdiction for ~ activities within
75 feet of wetland areas and 100 feet of Sound bluffs.
D. Add Fishers Island waterways (Block Island Sound, etc.)
minimum setbacks.
II. Vacant Land C.O.s Modify with disclaimer to Town, and
reliance on information submitted by applicant is basis for
issuance of C.O.; C.O. limited to size of property and does
not certify any other Codes or applicable regulations before
issuance of building permit and construction thereunder.
Southold Town Board of Appeals L. 11- July 27, 1987 Special Meeting
DELIBERATIONS/DECISION: Appl. No. 3638:
Application of JAMES AND MARY TYLER for a Special Exception modifying
Appl. No. 3400 to permit vehicle doors facing street side as constructed
in this establishment of a public garag~ under Article VII, Section 100-
70(B)[4] of the Zoning Code. Location of Property: 6795 Main Road,
Laurel, NY; Mattituck Holding Co. Minor Subdivision Lot #3; County Tax
Map District lO00, Section 125, Block 1, Lot 19.6.
Following deliberations, the Board took the following action:
WHEREAS, public hearings were held on June 18, 1987 and concluded
on July 16, 1987, in the Matter of the Application for JAMES AND MARY
TYLER under Application NO. 3638; 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 situated along the north side
of the Main Road (State Route 25), Laurel; is known and referred to
as Lot #3, Mattituck Holding Co. Minor Subdivision #274, is located
in the "B-I" General Business Zoning District, and is identified on
the Suffolk County Tax Maps as District 1000, Section 125, Block 1,
Lot 19.6.
2. The premises is presently improved with a public-garage
structure under construction pursuant to Building Permit #15482Z
issued November 10, 1986. The garage structure is set back 185
feet from the front property line (along the Main Road), with
minimum sideyards at 25 feet and 25 feet, all as shown by site
plan map prepared by Roderick VanTuyl, P.C. amended May 19, 1986.
The premises contains a total lot area of 52,530 sq. ft. with
133 ft. frontage (lot width) along the north side of the Main Road.
3. On January 9, 1986, this Board rendered a conditional
Special Exception under Application No. 3400 for the establishment
Southold Town Board of Appeals -12- July 27, 1987 Special Meeting
(Appl. No. 3638 - TYLER decision, continued:)
of a public garage for repair of motor vehicles. The original
determination was filed with the Office of the Town Clerk and
copies distributed to the Building Department and the applicants,
Mr. and Mrs. James Tyler, January 17, 1986.
4. On June 23, 1986, the Southold Town Planning Board
signed the Site Plan Map.
§. On November 10, 1986,
issued, and construction of the
thereafter.
Building Permit #15482Z was
building commenced some time
6. During the latter part of March, 1987, the Building
Department was notified of possible violations in the building
construction, and on May 19, 1987, this application was filed
for a modification of the Board's previous Action, Condition
No. 7, under Application No. 3400.
7. It is the position of the Board that inasmuch as
the Building Department had not issued a Stop Work Order
during the latter part of March for violation of Condition
No. 7 of the Z.B.A. decision by permitting the vehicle doors
to face the street side rather than the rear, all landscaping,
driveway, curb cuts, parking areas, and building activities
continued. At this point, substantial parking areas,
egress, ingress, and most of the site-plan elements as well
as the building and landscaping, have been completed and
would entail great expense by the owners to modify.
8. It is the opinion of the Board that the placement
of the building as constructed at 185 feet from the front
property line and planting of pines along the sides lend
to the ~granting of this application.
In considering this application, the Board has: (a)
considered items Ia] through [!] of the Zoning Code; (b)
determined the use as a public garage will not prevent the
orderly and reasonable use of adjacent properties or of
properties in adjacent use districts; (c) determined the
safety, health, welfare, comfort, convenience, and order of
the Town will not be adversely affected by the proposed use
and its location; (d) determined that the use is in
harmony with and will promote the general purposes and
intent of zoning since this is a use permitted by legis-
lative action and will meet all other requirements of the
zoning code and Conditions rendered under Application
No. 3400.
Southold Town Board of Appeals -13- July 27, 1987 Special Meeting
(Appl. No. 3638 - TYLER decision, continued:)
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Douglass, it was
RESOLVED, to GRANT a modification of the Special
Exception rendered under Application No. 3400 on January 9,
1986, to permit the construction of vehicle entrance/exit
doors to face the street, as exists, as applied in the
Matter of JAMES AND MARY TYLER under No. 3638, AND SUBJECT
TO THE FOLLOWING:
1. Compliance with Conditions l, 2, 3, 4, 5, 6,
8, 9, and l0 of this Board's Decision under Appl. No. 3400
rendered January 9, 1986;
2. Planting and maintenance of pine trees a length
of 110 feet along both side property lines of the front
parking areas, from a point at the front of the existing
buildings and extending to the front berms; pine trees
shall have a minimum height of three feet, or higher
(without height limitation)~
3. No dismantled vehicles, parts or similar articles
in front of the building under any circumstances; no dis-
mantled vehicles, parts or similar articles to be kept in
other yard areas (except by screened enclosure);
4. Any and all school buses and vehicles larger than
a passenger car to be kept within the rearyard area;
5. Premises shall not be used as a bus or other
large vehicle storage yard (except those under temporary
repairs).
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 -14- July 27, 1987 Special Meeting
NEW REVIEW: Appeal No. 3651 DEAN KAMEN. Wind tower at
excessive height. North Dumpling Island. (Landward of five
ft~ contour.) Variances for excessive height (more than 19')
and possibly within 75 feet of wetland grasses (or low contours).
Inspections were agreed for mid-August and hearing Sept. 10th.
FISHERS ISLAND ANNUAL MEETING: The Board was again
advised of the Fishers Island Annual Meeting on August 5, 1987.
TIDEMARK/CLIFFSIDE ASSOCIATES UPDATE: The Board
authorized the following response to Henry Raynor's request
recently for an update concerning the Z.B~A. file:
"...Dear Mr. Raynor:
This letter will acknowledge receipt as requested of
one photocopy of the Sheet Index of Improvement Plan containing
the signature and stamp of the Health Department under Ref.
#C10-87-010 (received July 13, 1987), pursuant to our request
of August 11, 1986.
As confirmed with you by telephone several times, upon
finalization of the SEQRA process, the Board will be in a
position to calendar this application for a public hearing.
Also confirmed was the fact that the Planning Board as lead
agency, has requested submission of the Draft Environmental
Impact Statement with appropriate amendments for the new pro-
ject (as amended for transient motel units), and to date,
the DEIS has not been re-submitted and is therefore incomplete.
Please continue to submit the required documentation
through the Planning Board, as lead agency under this project.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
Southold Town Board of Appeals -15- July 27, 1987 Special Meeting
PENDING HEARING: Consideration for alternative hearing
date. The Board members agreed to recess the public hearing
from August 20th to the September 10th Regular Meeting in
the event Garrett Strang or Roger Elston, Esq. is not avail-
able in the Matter of JOSEPH REINHART/FRED WIGHTMAN/DAVID FREY,
for continued testimony. At this point in time, Mr. Strang
was not sure whether Mr. Elston would be available on the
August 20th hearing date and would advise as soon as possible.
APPROVAL OF MINUTES: On motion by Mr. Grigon~s, seconded
by Mr, Dogglass, it was
RESOLVED, to APPROVE the Minutes of the JUNE 30, 1987
Special Meeting, as submitted.
Vote of the Board: Ayes: Messrs.
Douglass and Sawicki. (Member Doyen was
tion was duly adopted.
Goehringer, Grigonis,
absent.) This resolu-
CALENDAR OF HEARINGS FOR AUGUST 20TH RE-CONFIRMED AS CHANGED:
On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was
RESOLVED, that the following matters BE AND HEREBY ARE
SCHEDULED for public hearings to be held on THURSDAY, AUGUST 20,
1987 before the Southold Town Board of Appals at the Southold
Town Hall, Main Road, Southold, New York:
7i35 p.m. Appl. No. 3602 MARGARET McNAMARA. Wooden deck
addition with insufficient setback from existing timber bulkhead
and Peconic Bay. 640 Takaposha Road (Private Road #15), Southold.
7:40 p.m. Appl. No. 3646 ROBERT AND NANCY MUIR. Addi-
tions to dwelling with an insufficient rearyard setback and
insufficient frontyard setback. Corner of Gillette Drive and
Cleaves Point Road, East Marion.
7:45 p.m. Appl. No. 3643 EUGENE PERINO. New dwelling
with (or without) deck addition within 75 feet of wetlands along
the shoreline of Marion Lake. W/s Private ROW (Truman Path),
East Marion.
Southold Town Board of Appeals -16- July 27, 1987 Special Meetin§
(Hearings Calendar for 8/20, continued:)
7:50 p.m. Appl. No. 3644 - REINHART, JOSEPH & OTHERS.
(Recessed from July 16, 1987 for additional documentation and
testimony). Multiple uses in this "A-40" Zone District and
interpretation to permit retail sales and storage, offices,
personal-service store or shop ("B-Light~' Business uses, in
conjunction with existing single-family dwelling unit.) N/s
Main Road, Peconic.
8~00 p.m. Appl. No. 3647 JOHN AND JOAN WETZEL. Addi-
tions with reductions in sideyard~and addition landward of
existing dwe]lilng structure 70± feet from nearest wetland edge/
highwater mark along Eugene Creek. 4635 Pequash Avenue,
Cutchogue.
pool,
along
8:05 p.m. Appl. No. 3648 FERUCIO FRANKOLA. Swimming-
deck and fence enclosure within 75 feet of wetland area
West Creek. 1900 Glenn Road, Southold,
8:10 p.m. Appl. No.. 3655 ELLEN HOPE DeMARIA. Variance
from Condition No. 1 rendered July 8, 1965 under Appeal No. 785
and Art. III, Section 100-32, for approval of construction of
accessory storage shed in front yard. W/s West View Drive,
Orient.
8:15 p.m. Appl. No. 3656 - ~CHOLAS IPPOLITO. Garage
addition with insufficient southerly sideyard, total sideyards,
excessive lot coverage, and insufficient setback from bulkhead.
230 Carole Road, Southold.
8:30 p.m. Appl. No~ 3653 - NORTH ROAD ASSOCIATES. Vari-
ance for approval of access over 170± ft. length of private
right-of-way extending off the N/s Main Road, Orient.
8:40 p.m. Appl. No. 3660 ~ PUDGE CORPORATION. Special
Exception to construct one-story mini-storage buildings at a
maximum height of 15 feet, at variance from Cond. No. 8 of
Appl. No. 3625 rendered June 30, 1987, and with minimum set-
backs as scaled on corrected August 5, 1987 Map. E/s Horton
Lane, Southold.
8:40 p.m. Appl. No. 3592 - BENTE SNELLENBURG. Recessed
from~July 16, 1987 as agreed. Variance for: (1) fence at
excessive height, and (2) appeal of Order to Remedy Violation
Mandating Building Permit for fence.
8:50 p.m. Appl. No. 3661 ~RNEST TARMIN. Accessory
stairs and platform° Premises along ROW off N/s Main Road, Orient.
Southold Town Board of Appeals -17- July 27,
(Hearings Calendar for 8/20, continued:)
1987 Special Meeting
8:50 p.m. Appl. No. 3654 - WILLIAM MOORE AND BENJAMIN
HERZWEIG. To establish "building envelope" with setbacks of
not less than 38 ft. from nearest wetland along two-foot contour
and'not less than 30 feet from the front property line, as
approved under Appl. No. 3412 June 30, 1987. 675 Meadow Lane,
Mattituck Estates, Mattituck.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was absent.)
This resolution was duly adopted.
NEW REVIEW: Appl. No. 3652 filed July 20, 1987:
Matter of GUIDO AND ANNA CIACIA by J. Kevin McLaughlin, Esq.
for area, width, depth, yard setback variances, Proposed
set-off division. B-Light Zone, Corner of S/s Main Road and
E/s Kerwin Boulevard, Greenport. The Board noted that clear-
ance has not been received concerning Co. Health Art. VI
review and Planning Board coordination commenting on subdivision
elements. Greenport Village water and sewer utilities exist
for this property.
NEW REVIEW: Appl. No~ 3649 - WILLIAM AND CHRIS CONNORS.
Proposed dwelling construction within 75 feet of freshwater
wetland grasses. West Drive, Southold. The Board noted that
clearance has not been received from the Town Trustees at this
point in time, and this matter should be held over to the
following calendar pending receipt of same.
PENDING: Deliberations/decision in the Matter of
GEORGE D. DAMIEN under Appl~ No. 3581. The Board indicated
that this matter would be carried over until August 20th
when a full Board was present. (The hearin§ was concluded
on July 16th.)
PENDING: Appl. No.
decision. The hearing was
rendered at this time. and
the next meeting.
3635 - ARTHUR V. JUNGE. Deliberations/
concluded July t6th. No decision was
this matter should be carried over to
Southold Town Board of Appeals -18- July 27, 1987 Special Meeting
The Meeting was declared adjourned at 8:15 o'clock p.m.
Respectfully submitted,
Southold Town Board of Appeals
August 13, 1987
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J, DOUGLASS
JOSEPH H. SAWICKI
Southold Town Board o£Appeals
MAIN RI3AD- ~TATE RnAD 25 5rlUTHDLD, L.I., N.Y. 11971
TEI.FPHONE (516) 765-1809
WAIVER OF NOTICE
OF SPECIAL MEETING
WE, the undersigned, being Members of the Zoning Board of
Appeals ~f the Town of Southold, Suffolk County, New York, do
hereby severally waive notice of the time, place and purpose
of the M~eting of the Board of Appeals to be held at the
Southold Town Hall, Main Road, Southold, New York, on
Monday, July 27, 1987, 7:00 p.m. , and do hereby
consent that the same be held on said date for the transaction
of any business which may properly come before said meeting.
DATED:
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLEP~
DA~ e/~/~7 .ou~ J :~A~.
Town Clerk, Town of
wicki, Member