HomeMy WebLinkAboutZBA-06/30/1987 SPECAPPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y.
TELEPHONE (516) 765-1809
MINUTES
SPECIAL MEETING
TUESDAY, JUNE 30, 1987
A Special Meeting of the Southold Town Board of Appeals
was held on Tuesday, June 30, 1987 commencing at 7:00 o'clock
p.m. in the Office of the Building Department at Town Hall,
Main Road, Southold, New York 11971.
Present were: Gerard P. Goehringer, Chairman; Charles
Grigonis, Jr., Robert J. Douglass; and Joseph H. Sawicki,
constituting four members of the Board of Appeals. Absent
was: Serge Doyen (Fishers Island). Also present were
Victor Lessard, Building-Department Administrator, Janet
Garrell, Suffolk Times Reporter, and Linda Kowalski, Z.B.A.
Board Secretary.
The Chairman opened the meeting at 7:00 p.m. and
proceeded with the first item on the agenda, as follows:
I(a) Appeal No. 3418 - GRETCHEN HEIGL. Improvements
to right-of-way pending inspections and acceptance in accord-
ance with Z.B.A. conditional approval and Jack Davis Report
No. 600. It was noted that individual board member inspections
have not been completed since receipt of Mr. Davis' Report on
June 26, 1987. The Board agreed that the result of inspections
will be reported within the next week.
J(b) Appeal No. 3643 - EUGENE PERINO. New application
for a proposed deck addition within 75 feet of wetlands along
shoreline at Marion Lake, East Marion. In researching the
history of this parcel, it was found that the parcel is
presently vacant and that a building permit was issued for
a new dwelling at 75 feet, more or less from the shoreline
without a deck addition. The Notice of Disapproval indicates
that a deck addition was applied for, however, it is ques-
tionable as to whether the setback of the proposed dwelling
is 75 feet from the wetlands line, or the shoreline, whichever
is closer. The Board agreed this should be clarified and
a copy of the Town Trustee action submitted before advertising
this application for public hearing for August 20, 1987.
Southold Town Board of Appeals -2- June 30, 1987 Special Meeting
P£NDING DELIBERATIONS/DECISION: Appl. No. 3629:
Application of IRWIN AND SONDRA THOMPSON. Variance to the Zoning
Ordinance, Article VI, Section 100-62(E) and Article VII, Section
100-71, for approval of an insufficient sideyard setback to an existing
structure and proposed new structure resulting from an alteration in
the location of lot line of abutting parcel to the east. Zone District:
"B-1 General Business." Location of Property: Corner of the north
side of Main Road and east side of Boisseau Avenue, Southold, NY
(Thompson's Emporium); County Tax Map Parcel ID No. 1000-63-03-08.
Following deliberations, the Board took the following action:
WHEREAS, public hearings were held on May 21, 1987 and concluded
on June 18, 1987, in the Matter of the Application of IRWIN AND
SONDRA THOMPSON under Appeal No. 3629; and
WHEREAS, at said hearings 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, appellants request a Variance from
the Provisions of Article VI, Section 100-62(E), and Article VII,
Section 100-71, in this proposed re-location of lot line which
creates an insufficient sideyard setback of an existing 1½-story
building at not less than 16 feet rather than 31 feet (as presently
exists)]. Also proposed is the location of a new one-story building
of a size 40' by 50' with an minimum open sideyard area of 16 feet
from the proposed re-division line.
2. The premises in question is located along the north side
of the Main Road, extending from the northeasterly corner at
intersection with Boisseau Avenue, Hamlet of Southold, Town of
Southold, and is identified on the Suffolk County Tax Map as
District 1000, Section 63, Block 03, Lots 08 and 09, containing
a total area of 47,371 sq. ft. and 2.0 acres, and 244.70 ft.
Southold Town Board of Appeals -3- June 30, 1987 Special Meeting
(Decision - Appeal No. 3629 THOMPSON, continued:)
frontage and 85.00 ft. frontage, respectively.
3. The subject parcels are located in the "B-l" General
Business Zoning District. The easterly parcel is vacant, and
the westerly parcel is improved with the following structures:
(a) one-story building presently occupied by "Thompson's
Emporium"; (b) 1½-story building setback 39 feet from the front
property line and 31 feet from the present division line.
4. The relief requested by this application is due to the
relocation of the present lot line between the westerly lot (Lot A)
and the easterly lot (Lot B), gaining an additional 15 ft. frontage
for Lot B (for a total frontage of lO0 feet), creating a reduced
sideyard setback from the existing 1½-story building from 31 feet
to 16± feet, all as shown on survey map prepared May 19, 1987 by
Roderick VanTuyl,, P.C., and site plan prepared March 9, 1987 by
Garrett A. Strang, Architect.
5. Also proposed is a 40' by 50' one-story building to
be setback not closer than the setback for the most southerly
1½-story building at 16 feet (from the proposed re-division line).
6. It is noted for the record, however, that in the event
that appropriate approval(s) from the Southold Town Planning
Board concerning the division of this property is not
approved, the setbacks must be maintained as required by Article
VI, Section 100-62(E) and Article VII, Section 100-71, for a
minimum sideyard at 25 feet and rearyard setback (at the northerly
yard area for this corner lot) at not less than 35 feet.
7. It is the opinion of this Board that although the
amount of relief requested to reduce the sideyard of the exist-
ing structure (as exists) to not less than 16 feet is substantial;
however, the lot width (frontage) of the abutting parcel will
be increased, which would alleviate any potential setback
difficulties on an 85-ft. wide parcel with the additional
15 feet (to lO0 ft. in width). Article VII, Section 100-71
Bulk Schedule of the Zoning Code requires a minimum sideyard
a~-~25 feet and tot~al ~i~d~y~rds at ~0 feet. for. this~v~'c~.~.~.~
parcel (1000-63-03'09), leaving a more feasible building area.
In considering this appeal, the Board also finds and
determines:
(a) the percentage of relief requested is substantial,
being a variance of 40% of the requirements;
Southold Town Board of Appeals -4- June 30, 1987 Special Meeting
(Decision Appeal No. 3629 TNOMPSON, continued:
(b) the circumstances of the property are unique;
(c) there will not be a substantial, detrimental change
in the character of the neighborhood;
(d) there is no other method feasible for appellant
to pursue other than a variance;
(e) this project is consistent with the spirit and
intent of zoning;
(f) the grant of this variance will not effect govern-
mental facilities of any increased population;
(g) in view of the manner in which the difficulties
arose and in view of all the above factors, the interests
of justice will be served by granting relief, as condi-
tionally noted below.
Accordingly, on motion by Mr. Sawicki, seconded by Mr.
Douglass, it was
RESOLVED, to GRANT a Variance in the Matter of the Applica-
tion of IRWIN AND SONDRA THOMPSO~ under Appeal No. 3629 for
reduction in sideyard setback of the existing 1½-story building
and proposed one-story building to not less than 16 feet, as
applied and SUBJECT TO THE FOLLOWING CONDITIONS:
1. There be no further sideyard reductions on either
parcel for any other buildings, structures, or additions;
2. Planning Board's recommendation for a minimum 50-ft.
distance between the proposed new building and any future
proposed building(s) on the vacant (easterly) parcel known as
1000-63-03-09. lin effect, a setback of 34 or more feet will
be necessary including the 16 ft. setback approved for new
buildings on the vacant parcel immediately near the existing
buildings on the westerly improved parcel.]
3. The lot width (frontages) along the north side of
the Main Road for the westerly parcel at 229.70 feet and the
easterly parcel at lO0 feet, as proposed herein.
4. Planning Board approvals, lin the event this lot-line
Southold Town Board of Appeals -5- June 30, 1987 Special Meeting
(Decision - Appeal No. 3629 - THOMPSON, continued:)
project is not approved by the Planning Board
of the Code, this variance will automatically
null and void.]
under Chapter 106
be terminated,
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was
absent.) This resolution was unanimously adopted.
DELIBERATIONS/DECISION: Appeal No. 3640:
Application of FRANK AND EDITH SAWICKI. Variance for approval
of insufficient width of three parcels in this pending Minor Subdivi-
sion, each having a minimum lot area of 80,000 sq. ft. Location
of Property: north side of C.R. 48 (a/k/a North Road), Southold,
NY; County Tax Map Parcel ID No. 1000-51-3-12.1, containing 15±
acres.
Following deliberations, the Board took the following action:
WHEREAS, a public hearing was held and concluded on June 18,
1987 in the Matter of the Application of FRANK AND EDITH SAWICKI
under Application No. 3640; 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 15-acre parcel of land
with 406.70 ft. frontage (lot width) along the south side of
Sound View Avenue and 375± ft. frontage along the north side
of C.R. 48 (a/k/a North Road), in the Hamlet of Southold, Town
of Southold. The entire premises is used for agricultural
purposes.
Southold Town Board of Appeals -6- June 30, 1987 Special Meeting
(Decision - Appeal No. 3640 SAWICKI, continued:)
2. The subject premises is located in the "A-80" Residential
and Agricultural Zoning District and is identified on the Suffolk
County Tax Maps as District lO00, Section 51, Block 3, Lot 12.1.
3. By this application, appellants request a variance for
the proposed lot width (frontage) of Lots l, 2 and 3 as
follows: (a) 135.79 feet for Lot #1, (b) 137.56 feet for
Lot #2, (c) 133.35 feet for Lot #3. Each of the proposed
lots will contain a minimum lot area of 80,000 sq. ft.
4. In viewing the immediate area, it has been found that
a majority of the parcels located on the north side of Sound
View Avenue directly opposite the subject premises have lot
widths/frontages of the same length, or less, and therefore
there will be no substantial change in the character of the
immediate area.
5. It is the oposition of the Board that the relief
requested is the minimal necessary, particularly since the
lots conform to the zoning code in all other respects and
since there is no other method feasible for appellants to
pursue, other than this variance application.
In considering this appeal, the Board also finds and
determines:
(a) the percentage of relief requested is not substantial,
at 20% of the requirements;
(b) the circumstances of the property are unique;
(c) there will not be a substantial, detrimental change
in the character of the neighborhood;
(d) there is no other method feasible for appellant
to pursue other than a variance;
(e) this project is consistent with the spirit and
intent of zoning;
(f) the grant of this variance will not affect govern-
mental by increased population;
(g) in view of the manner in which the difficulties
Southold Town Board of Appeals -7- June 30, 1987 Special Meeting
(Decision - Appeal No. 3640 - SAWICKI, continued:)
arose and in view of all the above factors, the interests
of justice will be served by granting relief, as condi-
tionally noted below.
Accordingly, on motion by Mr. Grigonis, seconded by
Mr. Goehringer, it was
RESOLVED, to GRANT the relief requested under Appeal
No. 3640 for lot width of proposed Lot #1 of 135.79 feet,
Lot #2 of 137.56 feet, Lot #3 of 133.35 feet, as applied
in the Matter of the Application of FRANK AND EDITH SAWICKI
SUBJECT TO THE FOLLOWING CONDITIONS:
1. There be no future lot-line changes or lot area
adjustments;
2. Future construction shall conform to the require-
ments of Column A-80 of the Bulk Schedule as to setbacks, etc.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
and Douglass. (Member Doyen of Fishers Island was absent.
Member Sawicki was absent from vote.) This resolution was
duly adopted.
DELIBERATIONS/DECISION: Appeal No. 3439:
Application of ARNOLD AND KAREN BLAIR. Variances to the Zoning
Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of
insufficient area and width of two proposed parcels in this pending
division of land located at Cedar Lane (and Pine Place), East Marion,
NY; "Map of Section 2, Gardiners Bay Estates" Map No. 275, Lots 156,
157, 158, 159, 160, 167 thru 172, inclusive, 151, 153; County Tax
Map Parcel No. 1000-037-7-10.2.
Following deliberations, the board took the following action:
WHEREAS, a public hearing was held and concluded on May 21, 1987
in the Matter of the Application of ARNOLD AND KAREN BLAIR under Appeal
No. 3439; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
Southold Town Board of Appeals -8- June 30, 1987 Special Meeting
(Appeal No. 3439-BLAIR, decision, continued:)
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and
familiar with the premises in question, its present zoning,
and the surrounding areas; and
are
WHEREAS, the Board made the following findings of fact:
1. The premises in question is a 95,000± sq. ft. vacant parcel
of land located at the easterly side of Cedar Lane, East Marion, in
the Town of Southold~ having a frontage of 208.71 feet along Cedar
Lane, a partly traveled road, and frontage along the ordinary
highwater mark of Gardiners Bay of 326 feet.
2. The subject premises is referred to as Lots 156, 157, 158,
159, 160, 167, 168, 169, 170, 171, 172, 151 and 152 on the "Map of
Section 2, Gardiners Bay Estates," filed in the Suffolk County Clerk's
Office as Map No. 275 on September 23, 1927. To date, no town action
has been taken concerning exemption of the lot area of the subject
premises, and accordingly is subject to the requirements of
Article III, Section 100-31, and Bulk Schedule.
3. By this application, appellants request the following
relief:
(a) insufficient total lot area of proposed Parcel #1,
including a substantial amount of land underwater and a 30 ft.
wide paper street known as "Beach Court" on the 1927 County
Subdivision Map, of 53,000 sq. ft.;
(b) insufficient total lot area of proposed Parcel #2,
including a substantial amount of land underwater and a 30 ft.
wide paper street known as "Beach Court" on the 1927 County
Subdivision Map, of 42,000 sq. ft.;
(c) insufficient lot width of proposed Parcel #1 and
#2 of 117.30± feet and 134.50+ feet, respectively.
4. Article III, Section lO0-31, Bulk Schedule of the Zoning
Code requires a minimum lot area of 80,000 sq. ft. and minimum
lot width of 175 feet. It is also noted that the minimum set-
backs for new principal structure(s) in this District is 60
feet from the front line, 75 feet from the rear line, 75 feet
Southold Town Board of Appeals -9- June 30, 1987 Special Meeting
(Appeal No. 3439 - BLAIR decision, continued:)
from the nearest wetland grasses, or water, whichever is closer,
and sideyards at 20 and 25.
5. The percentage of relief requested from the minimum
lot area requirement of 80,000 sq. ft., when including all lands
below the ordinary highwater mark and paper streets as shown,
is 27,000 sq. ft. for Parcel #1 and 38,000 sq. ft. for Parcel
#2. The percentage of relief requested from the minimum
lot width requirement of 175 feet is 50 feet and 40.40 feet,
Parcels #1 and 2 respectively.
6. It is the opinion of this Board that the relief
requested is substantial, being a variance of 34% and 47%,
Parcels #1 and 2, respectively as to lot area. The total
lot area as exists without the variance is not excessive
of the Town requirement of 80,000 sq. ft. and does not
overburden the property owner.
7. Also noted is the fact that the highwater mark as
shown on the 1927 County Subdivision Map is reflected along
the most southerly (rear) property lines of Lots 167 through
172, inclusive. The recent survey as amended November 18,
1986 indicates the ordinary highwater mark above the northerly
lines of Lots 167 through 172, with fragmite wetland grasses
upland. The elevations above mean sea level of the premises
varies from zero to six feet along the west property line
and zero to seven feet along the east property line. The
subject premises is a very environmentally-sensitive area and
is located in partly in the A-7 (El. 9) and V-8 (El. 11) Flood
Zones.
In considering this application, the Board also finds
and determines:
(a) the percentages of relief requested as to lot area
and lot width are substantial and would in effect establish
a zone district completely at odds with all other zone
districts provided for in the zoning code and zoning map
(b) the premises was conveyed to the applicants on or
about July 25, 1983, subsequent to the enactment of the current
80,000 sq. ft. zoning requirements, and the circumstances
are not unique;
(c) the difficulties claimed are not sufficient to
Southold Town Board of Appeals -10-June 30, 1987 Special Meeting
(Appeal No. 3439 BLAIR decision, continued:)
warrant a grant of the relief requested;
(d) the character of the immediate area will be
affected by the granting of the variances requested;
(e) the environmental nature and history of this
property does not lend to the reasoning for increased den-
sity and housing;
(f) in view of the manner in which the difficulties
arose and in consideration of all the above factors, the
interests of justice will best be served by denying the
variances applied.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis, it was
RESOLVED, to DENY the relief requested in the Matter
of the Application of ARNOLD AND KAREN BLAIR under Appeal
No. 3439, 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. 3412:
Application of WILLIAM MOORE AND BENJAMIN HERZWEIG (previously
Cramer and Herzweig) for Variances to the Zoning Ordinance,
Articles: (a) XI, Section 100-119.2 for an insufficient setback
from wetlands area, and (b) III, Section 100-31 for an insuffi-
cient frontyard setback, for a proposed single-family dwelling
structure at premises known as 675 Meadow Lane, Mattituck Estates
Map #4453, Lot #42, Mattituck, NY; County Tax Map District 1000,
Section ll5, Block 05, Lot 007, containing .51± acre.
Following deliberations, the Board took the following action:
WHEREAS, a public hearing was held and concluded on June 18,
1987 in the Matter of the Application of WILLIAM MOORE AND BENJAMIN
HERZWEIG under Appeal No. 3412; and
Southold Town Board of Appeals-Il- June 30, 1987 Special Meeting
(Appeal No. 3412 MOORE & HERZWEIG 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. By this application, appellants request Variances from
the Provisions of the Zoning Code, Articles: (a) XI, Section
100-119.2(B) for permission to locate a proposed single-family
dwelling~structure with an insufficient setback at 38 feet and
at 43 feet, from the nearest wetland grasses, from the north-
easterly corner and southeasterly corners, respectively, and
(b) III, Section 100-31, Bulk Schedule for permission to
locate new dwelling with an insufficient setback at 38 feet
and at 43 feet, from the nearest wetland grasses, from the
northeasterly corner and the southeasterly corner, respectively,
(b) III, Section 100-31, Bulk Schedule for permission to
locate new dwelling with an insufficient frontyard setback at
its closest points at 25 feet, all as shown by Survey prepared
by YQung & Young, dated June 5, 1987.
2. The premises in question is known and referred to as
Lot #42, Map of "Mattituck Estates, Inc." filed in the Office
of the Suffolk County Clerk on September 8, 1965 as File No.
4453.
3. The subject premises is located along the east side
of Meadow Lane in the Hamlet of Mattituck, Town of Southold,
with a frontage of ll5 feet, is vacant land, contains an
acreage of .51±, and has a frontage of 95.94 feet along pond
meadow and wetland areas.
4. 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.
5. Article III, Section lO0-31, Bulk Schedule of the
Southold Town Board of Appeals -12-June 30, 1987 Special Meeting
(Appeal No. 3412 - MOORE & HERZWEIG decision, continued:)
Zoning Code requires a minimum setback from the front
property line for principal buildings at not less than
35 feet, or the average established setbacks within 300
feet. The average established setbacks are not less
than 35 feet from the front property lines.
6. The Courts have held that the area setback
variances must meet the "practical difficulties" standard,
considering at least the following: (a) that the relief
requested is not substantial in relation to the requirements,
(b) that the project as prOposed ts 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.
7. It is the position of the Board as follows:
(a) that the relief requested is substantial in
relation to the requirements, being variances of 10 feet
(or 30%) as to the reduction in the front yard, and of
37 feet [or 50%] as to the reduction in wetlands setback;
(b) the project as proposed is not within the
character of the neighborhood since the improvements
on parcels in the immediate area are in compliance with
the zoning regulations;
(c) the circumstances of the property are unique,
particularly due to the topography and nature of the
site, Which limits the areas of construction;
(d) the alternative relief granted herein will
not in turn be adverse to the safety, health, welfare,
comfort, convenience, or order of the town;
(e) the alternative relief (in the frontyard area)
is the minimal necessary;
(f) there is no other method feasible for appellants
to pursue other than a variance.
Southold Town Board of Appeals -13-June 30, 1987 Special Meeting
(Appeal No. 3412 - MOORE & HERZWEIG decision, continued:)
8. In making this determination, it shall be understood
that the alternative relief granted hereunder would permit
construction within the limited building envelope area, to
wit, 30 feet from the front (west) property line, 38 and 43
feet from the wetland boundary (to the east), minimum 10 ft.
and 15 ft. sideyards [as regulated by the Bulk Schedule of
the Zoning Code, Co.umn "A"], without the necessity of
re-application for reconsideration by this Board concerning
possible amendments in the design, style, length, character,
etc. of the proposed dwelling structure. Any reduction of
the setbacks to less than that permitted by this variance
and the zoning regulations ("building envelope") will
require future application and consideration.
9. It is noted for the record:
(a) that conditional approval was rendered by the
Southold Town Board of Trustees for Wetland Permit No. 312
for the cOnstruction of a single-family dwelling;
(b) that a Final Environmental Impact Statement has
been prepared and submitted to the Southold Town Trustees
as Lead Agency pursuant to Part 617, NYCRR, Article 8 of
the Environmental Conservation Law, and Chapter 44, Code
of the Town of Southold;
(c) that both well and sanitary systems were condi-
tionally approved by the Suffolk County Department of Health
Services on September 13, 1985 under Ref. No. 85-S0-164;
(d) that lot point(s), with catch basins, are to be
incorporated into the westerly (driveway) area to collect
storm-water runoff; gutters and leaders to be connected to
dry-wells; no construction of sewage-disposal systems or
water-supply facilities will be constructed below the
10-foot contour; "natural buffers" are to be designed
within the entire area below the 10-foot contour line;
there will be a natural buffer during and after construction
adjacent to the wetlands;
(e) a September 4, 1985 waiver has been issued by the
N.Y,S. Department of Environmental Conservation waiving a
permit for the construction of a single-family dwelling
landward of the existing lO-foot contour elevation above
mean sea level (on a gradual, natural slope).
Southold Town Board of Appeals -14-June 30, 1987 Special Meeting
(Appeal No. 3412 MOORE & HERZWEIG decision, continued:)
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Douglass it was
RESOLVED, to GRANT the following relief in the Matter
of the Application of WILLIAM MOORE AND BENJAMIN HERZWEIG
under Appeal No. 3412, for the location of a single-family
dwelling:
a) with an insufficient setback at the most north-
easterly corner of the proposed dwelling structure at 43
feet from the nearest wetlands grass, and at 38 feet from
the most southeasterly corner of the proposed dwelling
structure from the nearest wetlands grass, as shown by
the June 5, 1987 survey prepared by Young & Young, as
applied; and
(b) with an insufficient setback at not less than
30 feet from the front property line at its closest
point(s), as an alternative to the requested 25 feet.
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- June 30, 1987 Special Meeting
DELIBERATIONS/DECISION: Appeal No. 3634:
Application of RICHARD F. MULLEN, JR. Variance to the Zoning
Ordinance, Article XI, Section lO0-119.1(A) for permission to erect
fencing in the frontyard area with a maximum height of six feet.
Location of Property: East Side of Cottage Place, Southold, NY;
County Tax Map District 1000, Section 62, Block 3, Lot 19.
Following deliberations, the Board took the following action:
WHEREAS, a public hearing was held and concluded on June 18,
1987 in the Matter of the Application of RICHARD F. MULLEN, JR. under
Application No. 3634; 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. By this application, appellant requests a Variance
from the Provisions of Article XI, Section 100-119.1, sub-
paragraph for permission to extend height ~f ~ropos.~d
fencing along the frontyard areas to a maximum of slx feet
for protection of vehicles for the employees of Mullen Motors.
2. The premises in question is located along the east
side of Cottage Place, Southold, with frontage of 104.60 feet,
contains an area of approximately 18,000 sq. ft., and is more
particularly designated on the Suffolk County Tax Maps as
District 1000, Section 62, Block 3, Lot 19.
3. For the record it is noted: (a) that the subject
premises is presently vacant, and (b) a conditional variance
was granted concerning these premises April 2, 1987 under
Appeal No. 3608 for use of the property for employee parking
of Mullen Motors only, and (C) the premises is located
partly in the "A" Residential and Agricultural, and "B-I"
General Business Zoning Districts.
Southold Town Board of Appeals -16-
(Appeal No. 3634 - MULLEN decision,
June 30, 1987
continued:)
Special
Meeting
4. The Site Plan prepared December ll, 1986 by Peconic
Surveyors and Engineers, P.C. depicts a proposed parking area
of 12,930 sq. ft., grass area of 3,800 sq. ft., and a total
of 26 parking spaces, together with a proposed six-foot high
chainlink fence surrounding the entire premises. The portion
of the fencing requiring relief under this variance applica-
tion is that portion which encompasses the front yard, within
35 feet from the front property line.
5. Article XI, Section lO0-119.1 and Section lO0-119
permits fencing ~along the front yard property line, not
exceeding four feet in height.
6. It is the opinion of the Board that in consider-
ing the character of the immediate area and the proposed
limited use of the premises, as noted above, the extension
of the proposed chainlink fencing from four feet to six
feet is not unreasonable and is necessary for security purposes.
In considering this appeal, the Board also finds and
determines:
(a) the percentage of relief requested is substantial
at 50% in relation to the zoning requirements;
(b) the circumstances of the property are unique;
(c) there will not be a substantial, detrimental
change in the character of the neighborhood;
(d) there is no other method feasible for appellant
to pursue other than a variance;
(e) the grant of this variance will not affect
governmental facilities of any increased population;
(f) in view of the manner in which the difficulties
arose and in view of all the above factors, the interests of
justice will be served by granting relief, as conditionally
noted below.
Accordingly, on motion by Mr. Goehringer, seconded by
Southold Town Board of Appeals -17- June 30, 1987 Special Meeting
(Appeal No. 3634 - MULLEN decision, continued:)
Mr. Sawicki, it was
RESOLVED, to GRANT a Variance to permit the extension
in height from four feet to six feet of the proposed chainlink
fence within the frontyard area, as applied, in the Application
of RICHARD F. MULLEN, JR. under Appeal No. 3634, SUBJECT TO THE
FOLLOWING CONDITIONS:
1. Plantings to be placed along the residentially-zoned
abutting properties for appropriate screening;
2. Ail lighting must be shielded to the ground;
3. Plantings within the frontyard area may not exceed
a height of 18 inches for the first 20 feet (for visibility)
from a point commencing at the front (west) 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.
DELIBERATIONS/DECISION: Appl. No. 3625-SE:
Application of PUDGE CORP. for a Special Exception to the Zoning
Ordinance, Article VIII, Section lO0-80(B) for permission to construct
one-story mini-storage" buildings in this "C-Light" Industrial Zoning
District. Location of Property: East Side of Horton's Lane, Southold,
NY; County Tax Map Parcel ID No. 1000-63-01-10.
Following deliberations, the Board took the following action:
WHEREAS, a public hearing was held on May 21, 1987, and continued
until June 18, 1987, at which time the hearing was officially declared
concluded (closed) in the Matter of the Application of PUDGE CORP. under
Application No. 3625; 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
Southold Town Board of Appeals -18-June 30, 1987 Special Meeting
(Appl. No. 3625-SE, PUDGE CORP. decision, continued:)
WHEREAS, the Board Members have personally viewed and
familiar with the premises in question, its present zoning,
and the surrounding areas; and
are
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located in the "C-Light"
Industrial Zoning District having a frontage of 351.93 feet
along the east side of Horton Lane, Southold, and is more
particularly identified on the Suffolk County Tax Maps as
District lO00, Section 63, Block 1, Lot 10, containing a
total area of 6.89 acres (300,128 sq. ft.).
2. The subject 6.89-parcel is being improved with
two buildings as approved under Building Permit #14932Z on
June 3, 1986, and Special Exception No. 3447 rendered May
1986.
3. By this application, applicant requests a Special
Exception under the Provisions of Article VIII, Section lO0-
80(B) to construct six one-story buildings for "mini" storage
as shown by Site Plan dated July 24, 1986, amended May 22, 1987,
by John A. Grammas & Associates (#5571), as follows:
(a) Building A [at the most southerly section] of a
size not to exceed 50' by 300', minimum setback at 58± feet
from the closest westerly property line, 50 feet from the
southerly property line, 50 feet from the westerly property
line;
(b) Building B [at the easterly section] of a size
not to exceed 50' by 440' set back a minimum of 39 feet from
the northerly property line and 45 feet from the easterly
property line;
(c) Building C of a size not to exceed 50' by 220'
set back not less than 26 feet from the (closest) westerly
property line and 160' from the southerly property line
along the Long Island Railroad;
(d) BUilding D of a size not to exceed 50' by 140'
set back not less than 280' from the southerly property
line along the Long Island Railroad, 248 feet from the
Southold Town Board of Appeals -19- June 30, 1987 Special Meeting
(Appl. No. 3625-SE - PUDGE CORP. decision, continued:)
westerly property line along Horton Lane,
the easterly property line, 272 feet from
property line;
157 feet from
the northerly
(e) Building E [northerly center building] of a
size not to exceed 50' by 120' set back a minimum of 75
feet from the northerly property line, 253 feet from the
westerly property line along Horton Lane, 154± feet from
the easterly property line.
4. For the record it is noted that premises abutting
the subject premises on the: (a) north is zoned "A" Residen-
tial and Agricultural; (b) east is zoned "C-Light Industrial"
(c) south/southwest is residentially used although in the
"C-Light Industrial Zoning District.
5. In this proposal, the applicant has further proposed:
(a) ground lighting;
(b) no parking of trailers, trucks, etc.~
(c) no storage of chemicals, gasoline, flammable oils,
fuels, etc.;
(d) no occupancy by persons of buildings Monday through
Saturday, before 8:00 a.m. and not after 5:00 p.m., and in no
event on Sundays;
(e) no electricity, no workshop areas, no toilet
facilities, no repairs or related work activity to be conducted;
(f) maximum floor area of 30' by 50' (1500 sq. ft.)
to be permitted for each rental unit.
(g) no side walks or side drives around the perimeter
of the premises.
(h) six-foot high chainlink fence encompassing
perimeter of all six buildings;
(i) all elements shall be as regulated by Articles
XI and XIII of the Zoning Code.
6. In making this determination, it shall be under-
Southold Town Board of Appeals -20- June 30, 1987 Special Meeting
(Appl. No. 3625-SE - PUDGE CORP. decision, continued:
stood that this project shall not violate any building or
zoning code regulations, and in the event a question arises
as to any possible conflicts with or imposition of a differ-
ent requirement from this Special Exception, the provision
or requirement which is more restrictive or which establishes
the higher standard shall govern.
7. In considering this application, the Board also
finds and determines: (a) that the use requested will not
prevent the orderly and reasonable use of adjacent properties
or of properties in adjacent use districts; (b) the use
will not adversely affect the safety, welfare, comfort,
convenience, or order of the town; (c) the use is in harmony
with and promotes the general purposes and intent of zoning.
The Board has also considered subsections [a] through [1]
of Article XII, Section 100-121(C)[2] of the Zoning Code in
making this determination.
Accordingly, on motion by Mr. Sawicki, seconded by
Messrs. Grigonis and Goehringer, it was
RESOLVED, to GRANT a Special Exception for the
establishment of Six Buildings for "Mini Storage" as shown
on Site Plan #5571 dated July 24, 1986, prepared by
John A. Grammas & Associates, AND SUBJECT TO THE FOLLOWING
CONDrTIONS:
1. Proposed six-foot high chainlink fencing to be
slatted along all property lines which abut residentially-used
properties, as well as the fencing proposed between the
existing buildings, and Buildings E and D [areas which do
not require slatting will be along the east and southerly
property lines];
from
2. Hours of operation shall be limited as requested
8:00 a.m. through 5:00 p.m., Monday through Saturday;
3. No storage of toxic chemicals, fuels, oils, or
other flammable materials;
4. No storage of vehicles, trucks or major equipment,
boats, etc.;
5. No trailers or tractor trailers;
6. No storage of fuel tanks; no outside storage;
7. All lighting must be shielded to the property (mushroom
type), and shall not be adverse to neighboring properties;
Southold Town Board of Appeals -21- June 30, 1987 Special Meeting
(Appl. No. 3625-SE - PUDGE CORP. decision, continued:)
8. Maximum height shall be at 12 feet (one-story) as
applied and proposed herein;
9. Minimum setbacks at: (a) not less than 50 feet
from Buildings C and A to the closest westerly property
line; and (b) not less than that proposed in all other
yard areas, paragraph 3a-e, supra;
10. Any change of use or additional activities not applied
for hereunder must be considered by separate application before
such occupancy or activity shall be conducted;
ll. No elimination of fencing or plantings.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was
absent.)
DELIBERATIONS/DECISION:
Application of C. KAPOTES AND A. HOMAYUNI for a Variance
to the Zoning Ordinance, Article III, Section 100-31 (100-32)
for permission to construct deck addition to dwelling with an
insufficient frontyard setback from Soundview Avenue. Location
of Property: East Side of Goldin Avenue and south side of
Soundview Avenue, Southold, NY; County Tax Map Parcel ID
No. 1000-135-2-22.
Following deliberations, the Board took the following
action:
WHEREAS, a public hearing was held and concluded on
June 18, 1987 in the Matter of the Application of C. KAPOTES
and A. HOMAYUNI under Appeal No. 3637; 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
Southold Town Board of Appeals -22- June 30, 1987 Special Meeting
(Appeal No. 3637 - KAPOTES & HOMAYUNI decision, continued:)
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, appellants request a Variance
from the Provisions of Article III, Section 100-31 (100-32)
of the Zoning Code for permission to construct deck attached
to the dwelling along the north side of a size 12 feet by
60 feet, leaving an insufficient frontyard setback off of
Sound View Avenue at its closest point at 13.5 feet.
2. The premises in question is a corner lot with
frontages of 109.83 feet along Sound View Avenue and lO0.O0
feet along the east side of Goldin Lane, having an area of
10,500± sq. ft., and referred to as Lot 4, part of Lots 8 & 9,
Map of "Subdivision of Property Nathan Goldin" filed in
the Suffolk County Clerk's Office November 22, 1932 as Map
No. 1106.
3. The subject premises is located in the "A"
Residential and Agricultural Zoning District and is improved
with a 1408± sq. ft. one-story dwelling structure constructed
about 1959.
4. For the record, it is noted that by prior applica-
tion under Appeal No. 135, this premises received a conditional
approval to construct a duplex with outside dimensions not to
exceed 74 ft. by 20 feet four inches, and with a setback
distance of not less than 26 feet parallel to Sound View Avenue,
dated February 5, 1959.
5. Article III, Section lO0-31, Column "A" of the Bulk
Schedule of the Zoning Code requires minimum frontyard setbacks
at 35 feet. (Section 100-32 is not applicable since this
addition does not fall under the definition of "accessory."
6. The percentage of relief requested is 60% (21.5 feet)
from the requirements, and 50% (12 feet) from the established
26± setbacks in the immediate area.
7. The Courts have held that area setback variances
must meet the "practical difficulties" standard, considering
Southold Town Board of Appeals -23- June 30, 1987 Special Meeting
(Appeal No. 3637 KAPOTES & HOMAYUNI decision, continued:)
at least the following: (a) that the relief requested is not
substantial in relation to the requirements; (b) that the
project as proposed is not out of character with the neigh-
borhood; (c) that the circumstances of the property are
unique and are not
variance will not
welfare, comfort,
that the variance
(f) that there is
to pursue.
personal in nature; (d) that the
in turn be adverse to the safety, health,
convenience or order of the town; (e)
requested is the minimal necessary;
no other method feasible for appellants
8. This Board sympathizes with petitioners' plight,
however, the Board finds that the criteria set by the Courts
has not been sufficiently met and therefore lacks authority
to grant the relief as requested.
9. The Board Members recommend a lawn patio or similar
type of patio area flush with the ground and in compliance
with the Zoning Code as an alternative, subject to approval
by the Building Inspector, without the necessity of a
variance for a structural extension.
In considering this appeal, the Board also finds and
determines:
(a) the percentage of relief requested is substantial;
(b) the circumstances of the property are not unique;
(c) the setbacks as proposed are not within the
character of the neighborhood or within the spirit of the
zoning ordinance;
(d) there is another method feasible for appellants
to pursue other than a variance;
(e) that the relief requested is not the minimal
necessary;
(f) that in view of all the above factors, the
interests of justice will be served by denying the relief
as applied.
Accordingly, on motion by Mr. Douglass, seconded by
Southold Town Board of Appeals -24- Jone 30, 1987 Special Meeting
(Appeal No. 3637 KAPOTES & HOMAYUNI decision, continued:)
Mr. Sawicki, it was
RESOLVED, to DENY the insufficient setback as
requested at 13.50± feet from the front property line
along Sound View Avenue for a proposed deck extension
as applied in the Matter of C. KAPOTES AND A. HOMAYUNI
under Appeal No. 3637.
Vote of the Board: Ayes: Messrs. Goehringer,
Grigonis, Douglass and Sawicki. (Member Doyen of Fishers
Island was absent.) This resolution was duly adopted.
APPROVAL OF MINUTES: On motion by Member Douglass,
seconded by ~r. Sawicki, it was
RESOLVED, to APPROVE the Minutes of the JUNE 18, 1987
Regular Meeting of the Board of Appeals as submitted.
Vote of the Board: Ayes: Messrs. Goehringer,
Douglass and Sawicki. (Member Doyen was absent.)
resolution was duly adopted.
Grigonis,
This
SPECIAL EXCEPTION PROPOSAL: Local Law - Draft and
Correspondence from Special Town Attorney Francis J. Yakaboski.
The Board reviewed the discussed the June 9, 1987 letter from
Mr. Yakaboski to the Town Board, with enclosed draft concerning
political advertisements. The Board agrees that the conditions
as drafted should be mandatory, without the requirement of
a Special Exception application through the Board of Appeals.
Enforcement of these conditions are passed by the Building
Department, with or without the requirement of a Special
Exception. Rather than filing fee for Special Exception
application, permit should be required if all conditions
are met by Building Department as the zoning-enforcing agency
of the Town. Vote of the Board: Ayes: All.
Southold Town Board of Appeals -25- June 30, 1987 Special Meeting
SUFFOLK COUNTY PLANNING RESPONSE:
receipt of the recent response from the
of Planning in the Matter of Appeal No.
DIER.
The Board acknowledged
Suffolk County Department
3586 - ROBERT AND HELEN
CLARIFICATION: Verbal inquiries were directed to the
Board Secretary concerning the project of BRETT AND JANET KEHL
concerning the Z.B.A~ decision rendered un e~-f~ppeal No. 3641~
The Board was asked to clarify the location as approved of
the accessory building since a small portion was location in
the sideyard as well as the rear yard. The Board confirmed
that the accessory structure was approved, as exists, at a
setback of 65 feet from the front property line and six feet
from the west side property line (not to exceed 24' by 32~)
and subject to all other conditions contained therein.
RECEIPT OF REQUESTED INFORMATION: Matter of JAMES AND
MARY TYLER - The ~oard acknowledged receipt of copies of the
landscape plan submitted by Richard F. Lark, Esq. as attorney
for the applicants. No additional information was requested
by the Board. The public hearing on this matter has been
recessed until the July 16, 1987 meeting pending review of
the landscape plan (submitted today).
PUBLIC HEARINGS FOR JULY 16~ 1987: On motion by
Mr. Sawicki, seconded by Mr. Goehringer, it was
RESOLVED, that Board Secretary, Linda Kowalski, is hereby
authorized and directed to publish notice of the following
hearings to be held on JULY 16, 1987 at the Southold Town
Hall, Main Road, Southold,~ N~w York:
7:35 p.m.
7:40 p.m.
7:45 p.m.
7:50 p.m.
7:55 p.m.
8:00 p.m.
(continued
Appl
Appl
Appl
Appt
Appl
Appt
on page
No. 3581 - GEORGE D. DAMIEN;
No. 3639 - WILHELM FRANKEN;
No. 3635 - ARTHUR V. JUNGE;
No. 3631 - PUDGE CORP.;
No. 3638 - JAMES AND MARY TYLER;
No. 3642 - DINA MASSO;
26)
Southold Town Board of Appeals -26- June 30, 1987 Special Meeting
(Public Hearings for 7/16/87, continued:)
8:05 p.m.
8:20 p.m.
8:35 p.m.
8:40 p.m.
Appl. No. 3644 - FREDERICK WIGHTMAN & DAVID
JOSEPH REINHART;
Appl. No. 3645 - PAUL AND CHARLOTTE GALGAN;
Appl. No. 3496 - FREDERICK KOEHLER, JR.;
Appl. No. 3592 - BENTE SNELLENBURG.
FREY/
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Mepmber Doyen of Fishers Island was absent.
This resolution was duly adopted.
DELIBERATIONS PENDING:
Matter of Appl. No. 3605 TED DOWD. Hearing concluded 6/18/87.
The Board indicated that a decision would be rendered at the next
meeting (on July 16th).
Matter of Appl. No. 3624 - ERNEST TARMIN. Hearing concluded
May 21, 1987. The Board is awaiting the building specifications
and post construction into the bluff slopes. The deadline is
July 17th for a determination. (The Secretary advised the Board
that a telephone reminder has been made to the applicant.)
The Board Secretary advised the Board that in consulting with
Town Attorney F. Yakaboski, it is his o~inion that structures
are buildings, and the Z.B.A. will have jurisdiction if it is
located within 100 feet of the bluff or closer to the highwater
mark. The only example mentioned which would make an exception
for structures would be under "building area" in determining
lot coverage.
NEW APPLICATION: Appeal No. 3644 FRED WIGHTMAN/JOSEPH
REINHART. The Board confirmed that the following documentation
must be submitted by the applicants' agents prior to the
public hearing (July 16th) is requested by our June 25, 1987
letter to Mr. Garrett A. Strang, R.A.:
Southold Town Board of Appeals -27- June 30, 1987 Special Meeting
l. Copy of all
subje~% premises a~
the Contract of Sale
persons or parties having an interest in the
a copy of the terms and conditions, under
[Questionnaire Form, Item #10];
2. Copies of Pre-C.O. of record, if any, and any pending
building permits (if issued recently);
3. ~onfirmation as to the livable floor area of the
upstairs apartment for the record;
4. Confirmation as to the layout of Building 2 (use of
the fi~rst floor, retail area, sto~age a~ea, total square footage)
for the record;
5. Confirmation as to the present use since December 1st
of Building 1, if any. (It is our understanding that the cae-
pentry shop vacated the premises during December 1986.)
6. Sketch or map indicating the placement and size of
existing sign.
There being no other business transactions properly coming
before the Board at this time, the Chairman declared the meeting
adjourned. The meeting was adjourned at 8:20 p.m.
Respectfully submitted,
~Ldnda F. Ko~lski, Secretary
Southold Town Board of Appeals
Pp. 1-27
AND FILED
Sotn OLD TOWN CLEm(
DATE ?-~
~To?a Cl~rk, Towu~of Southold