HomeMy WebLinkAboutZBA-04/23/1987APPEALS 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.h, N,Y. llg?l
TELEPHONE (516) 765-1809
MINUTES
REGULAR MEETING
THURSDAY, APRIL 23,
1987
A Regular Meeting and Public Hearings of the Southold Town
Board of Appeals were held on THURSDAY, APRIL 23, 1987 commencing
at 7:30 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.
Absent was: Serge Doyen of Fishers Island due to poor weather
conditions. Also present were: Linda Kowalski, Board Secretary,
and approximately 16 persons at the beginning of the meeting.
Chairman Goehringer opened the meeting at 7:30 p.m. and
proceeded as follows:
PENDING DECISION: Appeal No. 3511:
Application of KAPELL REAL ESTATE INC. and LIMPET CORP. for
Variances to the Zoning Ordinance, Article III, Section 100-31,
Bulk Schedule, for approval of insufficient: (l) lot area, (2)
lot width, (3) lot depth, of two parcels in this pending division
of land. Location of Property: Linnet Street and Brown Street,
Greenport; Greenport Driving Park Map, Lots 16 and 65; County
Tax Map District 1000, Section 48, Block 3, Lot 25.1.
Following deliberations, the board took the following action:
WHEREAS, a public hearing was held and concluded on March 5,
1987 in the Matter of the Application of KAPELL REAL ESTATE INC.
and LIMPET CORP. under Application No. 3511; and
WHEREAS, at said hearing all those who desired to be heard were
S~uthold Town Board of Appeals -2- April 23, 1987 Regular Meeting
(Appeal No. 3511 - KAPELL & LIMPET CORP., decision, continued:)
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 referred to as Lots 16 and 65
as shown on "Map of Property of Greenport Driving Park," filed
December 1, 1909 as Map No. 369, and is more particularly shown
on the Suffolk County Tax Maps as District 1000, Section 48, Block
3, Lot 25.1.
2. The entire premises as exists contains a total area of
11,256 sq. ft., lot depth of 225.14 feet, and 50 ft. lot
width. The premises is presently vacant.
3. By this application, appellants request area variances
for approval of (a) insufficient lot area of 5,628 sq. ft., lot
depth of 112.55 feet, and lot width of 50 feet of proposed Lot
B; and (b) insufficient lot area of 5,628 sq. ft., lot depth
of 112.55 feet, and lot width of 50 feet of proposed Lot A, as
more particularly shown on map prepared by Roderick VanTuyl,
P.C. amended May 1, 1986.
4. Submitted for the record is a copy of the January 13,
1987 approval from the Suffolk County Department of Health
Services and letter dated August 5, 1986, from the Superintendent
of Public Utilities of the Village of Greenport authorizing
conditionally hook-up for Lot #16. It is the understanding of
the Board that water services are available along Linnett Street
for proposed Lot A (#65), and that water service is available
to proposed Lot B (#16) along Brown Street.
5. For the record it is noted that an application is
pending at this time before the Southold Town Planning Board
for subdivision set-off approval.
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 from the lot area
requirements is 74,372 sq. ft., or a percentage of 92.5%.
8. It is the understanding of the Board that the subject
premises was not held in single and separate ownership,
Southold Town Board of Appeals -3- April 23, 1987 Regular Meeting
(Appeal No. 3511 KAPELL & LIMPET CORP., decision, continued:)
although the lots are shown as Lots 65 and 16 on the 1909
Subdivision Map of "Greenport Driving Park." It is also
our understanding that to date, no subdivision or set-off
approvals have been rendered by the Southold Town Planning
Board.
9. In viewing the immediate area, the Board finds that
the following Lots as shown on the "Map of Greenport Driving
Park" in the immediate vicinity of the subject premises do
not appear to have been "held in single and separate ownership
prior to November 23, 1971 and thereafter" as required by
Article III, Section lO0-31(A) of the Zoning Code: (a)
Lots 67 and 66; (b) Lots 64, 63, 62, 61 and 18; (c) Lots
60, 59, 26, and 28; (d) Lots 30 and 32; (e) Lots 42, 43
and 44; (f) Lots 40 and 41; (g) Lots 7 and 8; (h) Lots
71 and 72; (i) Lots 54 and 55; (j) Lots 48, 49 and 50;
(k) Lots 1 and 2; (1) Lots ll, 13 and 15; (m) Lots 17,
19 and 21; (n) Lots 28, 25, 27, 29 and 31.
10. It has been held by the Courts (VanDusen v. Jackson,
35 AD2d 58) that a Board of Appeals cannot under the semblance
of a variance exercise legislative powers. It is apparent
that the variances requested are substantial with respect to
lot area, lot width, and lot depth, 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. This board does not believe that it has the authority
to create new zoning districts under the guise of a variance.
ll. It is the consensus of the Board that this and other
similar subdivisions created prior to the enactment of zoning
in 1957 could be included in the "Exceptions" List of the
Zoning Code alternatively.
NOW, THEREFORE, on motion by Mr. Douglass, seconded by
Mr. Grigonis, it was
RESOLVED, that it is the determination of this Board that
it is without jurisdiction to grant the relief as requested,
and the appeal is therefore DENIED.
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 -4- April 23, 1987 Regular Meeting
PENDING DECISION: Appeal No. 3611:
Application of RAYMOND AND ELEANOR KERESTER for a Variance to the
Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for
approval of insufficient lot width of three parcels, each containing
4.6± acres, in this pending minor subdivision. Location of Property:
West Side of Pradise Point Road and north side of North Bayview Road,
Southold, NY; County Tax Map Parcel No. 1000-81-1-25.
Following deliberations, the board took the following action:
WHEREAS, a public hearing was held on March 5, 1987 and April 2,
1987, at which time the hearing was concluded, in the Matter of the
Application of RAYMOND AND ELEANOR KERESTER, Application No. 3611; 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 con-
taining a total area of 13.85 acres which extends from the north
side of North Bayview Road and the west side of Paradise Point
Road, Southold, Town of Southold, and is more particularly desig-
nated on the Suffolk County Tax Maps as District 1000, Section
81, Block l, Lot 25. The entire premises is vacant at this time.
2. 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: (a) the insufficient lot width
of proposed Lot No. 1 of 150 feet; (b) the insufficient lot
width of proposed Lot No. 2 of 150 feet, and (c) the insufficient
lot width of proposed Lot No. 3 of 150 feet, and frontage along
North Bayview Road of 169.42 feet. Lot No. 3 as proposed is a
corner lot as defined by Section lO0-13-Definitions of the Zoning
Code.
3. Each of the parcels as proposed will contain a minimum
Southold Town Board of Appeals -5- April 23, 1987 Regular Meeting
(Appeal No. 3611 - KERESTER, decision, continued:)
lot area of 4.5 acres (inclusive
areas), and new construction will
the Zoning Code.
of right-of-way and low contour
be regulated by Column A-80 of
4. Records show that the subject 13.85-acre parcel is owned
by Eleanor M. Kerester and Jamal Manassah (Deeds at Liber 9310
cp 548 dated November 22, 1982, and at Liber 6823 cp 40, dated
October 9, 1970).
5. The amount of relief requested as to the lot width of
each proposed parcel is 25 feet, or 14% of the requirements.
6. It is noted for the record that: (a) Permit #10-86-1817
was issued January 2, 1987 by the N.Y.S. Department of Environ-
mental Conservation concerning this subdivision; however, any
proposed development will need an additional application to
and approved by the NN.Y,S. O.E.C. Bureau of Marine Habitat
Protection; (b) an application for subdivision approval is
pending with the Southold Town Planning Board, whose preliminary
comments were received February 11, 1987; (c) approval was
received December 16, 1986 from the Suffolk County Department
of Health Services concerning this subdivision.
7. It should be understood that the actual "building
envelopes" as shown on the survey plan amended April 2, 1987
are not part of the approval in this variance application and
therefore is not to be automatically considered acceptable
building areas. One of the main concerns in these areas is
full protection of the wetland and pond areas, and the
position of the right-of-way to Lots 1 and 2 should be
located in an area distant from wetland areas.
In considering this appeal, the board also finds and
determines: (a) the percentage of relief requested is not
substantial in relation to the requirements; (b) the circum-
stances of the property are unique; (c) there will not be
a substantial change in the character of the neighborhood;
(d) the relief requested is not unreasonable and there is
no other method feasible for appellants to pursue other than
a variance; (e) the safety, health, welfare, comfort,
convenience and order of the Town will not be adversely
affected by the grant of this variance; (f) in view of the
manner in which the difficulties arose and in considering all
the above factors, the interests of justice will be served by
allowing the variance, as conditionally noted below.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT a Variance from the Provisions of
Article III, Section lO0-31~ Bulk Schedule, of the Zoning
Southold Town Board of Appeals -6- April 23, 1987 Regular Meeting
(Appeal No. 3611 KERESTER decision, continued:)
Code for the insufficient lot width of proposed Parcels l, 2
and 3 at 150 feet, as shown by plan amended April 2, 1987 by
Roderick VanTuyl, P.C. in the Matter of RAYMOND KERESTER,
Application No. 3611, SUBJECT TO THE= F__~OLLOWING CONDITIONS:
1. No disturbance of any freshwater or saltwater wetlands
or wetland grasses defined by Chapter 97 (13) of the Town Code,
for road construction, development, or other activities;
2. No lot-line changes or adjustments without formal
applications to the Board of Appeals and the Planning Board;
3. This variance is temporary for a maximum period of
two years, EXCEPT where the pending division of land has been
transferred by deed or other legal document to reflect the
subdivision lines accordingly (and filed in the Office of
the Suffolk County Clerk);
4. Planning Board Subdivision and 280-a Approvals.
Vote of the Board: Ayes: Messrs. Goehringer,
Douglass and Sawicki. (Member Doyen was absent.)
resolution was duly adopted.
Grigonis,
This
Southold Town Board of Appeals -7- April 23, 1987 Regular Meeting
PUBLIC HEARINGS:
7:42 p.m. Public Hearing was held and concluded in the
Matter of Appeal No. 3546 GREGORY FOLLARI. Mr. Powell
appeared in behalf of the applicants~ eNo public opposi-
tion was submitted during the hearing.) [See verbatim
transcript of statements prepared under separate cover
and filed simultaneously herewith at the Office of the
Town Clerk.] Following the hearing, motion was made by
Chairman Goehring~r, seconded by Member Grigonis, to
conclude She hearing, pending d~liberations. Vote of
the Board: Ayes: Messrs. Goehringer, Douglass, Grigonis,
and Sawicki. (Member Doyen was absent.)
7:47 p.m. Public Hearing was held and concluded in the
Matter of Appeal No. 3620 THOMAS BALL. Mr. Ball was
present and spoke in behalf of the application. (No
opposition was presented during the hearing.) [See
verbatim transcript of hearing prepared under separate
cover and filed simultaneously herewith at the Town
Clerk's Office for reverence.] Following the hearing,
motion was made by Chairman Goehringer, seconded by
Members Douglass and Sawicki, to concluded the hearing,
pending deliberations. Vote of the Board: Ayes: All.
7:55 p.m. Public Hearing was held and concluded in the
Matter of Appeal No. 3621 MICHAEL S. GILLILAND. Mr.
Gilliland was present and spoke in behalf of his
application. Mr. Gilliland withdrew the portion of
the variance pertaining to the accessory garage in
the frontyard and said he would re-apply for that
relief if necessary under separate application.
[See verbatim transcript prepared under separate cover
and filed simultaneously herewith at the Town Clerk's
Office for reference.] Following the hearing, motion
was made by Chairman Goehringer, seconded by Member
Douglass, to conclude the hearing, pending deliberations.
Vote of the Board: Ayes: All four members present.
8:04 p.m. Public hearing was held and concluded in the
Matter of Appeal No. 3623 PETER MARKOPOULOS. Harvey
Arnoff, Esq. spoke in behalf of the application. Also
present and submitting testimony were William Holden, Esq.
in behalf of his brother, Robert Holden. [See verbatim
transcript of hearing prepared under separate cover and
Southold Town Board of Appeals -8- April 23, 1987 Regular Meeting
(Public Hearings, continued:)
filed simultaneously herewith at the Town Clerk's Office for
reference.] Following testimony, motion was made by Chairman
Goehringer, seconded by Member Sawicki, to conclude the hear-
ing, pending deliberations. Vote of the Board: Ayes: All.
8:23 p.m. Public hearing was held and concluded in the Matter
of Appeal No. 3582 - LARRY AND SANDRA STAHL. Arthur Siemerling
spoke in behalf of the applicants as agent/contractor. (No
public opposition was submitted during the hearing.) [See
venbatim.transcript of hearing prepared under separate cover
and filed simultaneously with the Town Clerk's Office for
reference.] Following testimony, motion was made by Chairman
Goehringer, seconded by Member Sawicki, to conclude the
hearing, pending deliberations. Vote of the Board: Ayes: All.
8:28 p.m. Public Hearing was held and Concluded in the Matter
of Appeal No. 3593 - THE QUIET MAN INN. William D. Moore, Esq.
spoke in behalf of the applicants and requested a postponement
until our next hearing date in order to receive comments from
the Planning Board concerning the site-plan elements for this
proposed addition in a B-1 General Business Zoning District.
Motion was made by Chairman Goehringer, seconded by Member
Sawicki, to recess the hearing in the Matter of Appeal
No. 3593 until our May 21, 1987 Regular Meeting, as requested.
Vote of the Board: Ayes: Alt.
8:37 p.m. - 8:43 TEMPORARY RECESS. Motion was made by
Chairman Goehringer, seconded by Member Grigonis, to recess
for approximately three minutes. The motion was duly carried.
8:43 p.m. MEETING RECONVENED. Motion was made by Member
Grigonis, seconded by Member Sawicki, to reconvene at this time.
Vote of the Board: Ayes: All. (Member Doyen was absent.)
8:43 p.m. ENVIRON~ENTAL DECLARATIONS: Motion was made by
Chairman Goehringer, seconded by Member Grigonis, to declare the
following Environmental Declarations in accordance with Section 617,
N.Y.S. Environmental Quality Review Act (SEQRA), and Chapter 44 of
the Code of the Town of Southold:
(a) Appeal No. 3546 - GREGORY FOLLARI- "Unlisted" Action;
(b) Appeal No. 3621 - MICHAEL S GILLILAND "Unlisted" Action;
(c) Appeal No. 3620 - ~MAS BALL "Type II" Action;
(d) Appeal No. 3623 PETER MARKOPOULOS "Type II" Action;
(e) Appeal No. 3582 L~RRY AND SANDRA STAHL "Type II" Action;
(f) Appeal No~ 3593 THE QUIET MAN INN;
Southold Town Board of Appeals -9- April 23, 1987 Regular Meeting
(Environmental Declarations, continued:)
(a)
S.E.Q.R.A.
NEGATIVE ENVIRONb~NTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.l 3546
PROJECT NAME: GRE'GO~Y FOLLARI
This'notic~ is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of tile N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the ellvironment for the-~asons indicated
below. ~
Please take further notice that this declaration should nou be
considered a determination.'made for any other department or agency
which may also have an application pending for the same or simi]hr
project. . , . .
TYPE 'OF ACTION: . [ ] Type II [~ Unlisted [ ]
DESCRIPTION OF ACTION: Permit the regrading of area within 50 feet
of the top of existing bank/bluff along Long Island Sound in accordance
with DEC Permit #10-86-1~33 issued March 10, 1987
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly kppwn as: N/s Sound Dr., Greenport 1000-33-1-15
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment ill the short form has
submitted which indicates that no significant adverse effect~ to
the environment are likely to occur should this project be imple-
mented as planned;
(2) Reviews and action have been finalized by the N.Y.S. Department
of Environmental Conservation.
(3) The relief requested is not directly ~elated to new construction.
Southold Town Board of Appeals -10-April 23, 1987 Regular Meeting
(Environmental Declarations, continued:)
(b)
S.E,Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATIOX'~
Notice of Determination of Non-Significance
APPEAL NO.~ 3621
PROJECT NAME~ MICHAELS. 'GILLILAND
This' notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law ~44-4 of the Town of Southold.
This board determines the within project no.~ to have a signifi-
cant adverse effect on tho environment for the reas~3ns indicated
below. -
Please take further notice that this declaration should not be
considered a determination.'made for any other department or agency
which may also have an application pending for the same or simi]hr
project. · .....
TYPE'OF ACTION: · [' ] Type II [X] unlisted [ ]
DESCRIPTION OF ACTION: Construc~ two-car garage in frontyard area
and permission to locate new dwelling with an insufficient setback from
bluff/bank along Long Island Sound.
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly k~Qwn as: N/s Sound Dr., Greenport, NY 1000-33-1-8
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has bc~n
submitted which indicates that no significant adverse effects to
tile environment are likely to occur should this project be imple-
mented as planned; . .
(2) The relief requested is a setback variance as regulated by'
Section 617.13, 6 NYCRR, SEQRA
(3) Information has~een submitted by applicant or his agent indicatin
that the project will not involve the disturbance of wetland grasses
or areas subject to flooding which may be considered wetlands.
Southold Town Board of Appeals-ll- April 23, 1987 Regular Meeting
(Environmental Declarations, continued:)
(c)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATIO~,I
Notice of Determination of Non-Significance
APPEAL NO.~ 3620
PROJECT NAMEs THOMAS BALL
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law ~44-4 Of the Town of Southold.
This board determines the within project no__~t to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a de:ermination.'made for any other department or agency
which may also have an application pending for the same or simi]hr
project. ., .,,
TYPE'OF ACTION: IX] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Permissibn to locate new dwelling with an
insufficient setback from the east property line along Arshamomaque
Ave.
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly k~gwn as: Arshamomaque Ave., Southold 1000-66-02-46
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has bc¢:n
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) Construction proposed is landward of 10 ft. elevation contbur;
no disturbance of land seaward of the 10 ft. contour will occur.
(3) The relief requested is a setback variance as regulated by
Section 617.13, 6 NYCRR, SEQRA
Southold Town Board of Appeals -12-April 23, 1987 Regular Meeting
(Environmental Declarations, continued:)
(d)
S.E.O.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.I 3623 :
PROJECT N~E~ PETER MARKOPOULOS .-
This'notice is is'sued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law ~44-4 of the Town of $outhold.
This board determines the within project not to have a signifi-
cant adverse effect on tho environment for the reasons indicated
below. -
Please take further notice that this declaration should not be
considered a determination.'made for any other department or agency
which may also have an application pending for the same or simi]hr
project. . .....
TYPE'OF ACTION: [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION:Construction of new dwelling/foundation
with an insufficient westerly side and insufficient total sideyards to
less than that granted under Appeal No. 3297 (12/13/84)
LOCATION OF PROJECT: Town of Southold, County of. Suffolk, more
particularly kqgwn as: Sound Beach Drive, .Mattit~ck, NY 1000-99-1-24
REASON(S) SUPPORTING THIS DETEI~1INATION:
(1) An Environmental Assessment in the short form ]]as been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The relief requested is a setback variance as regulated by
Section 617.13, 6 NYCRR, SEQRA.
(3) Information haswbeen submitted by applicant or his agent indicati
that the project will not involve the disturbance of wetlands grasses
or areas subject to flooding which may be considered wetlands.
Southold Town Board of Appeals -13- April 23, 1987 Regular Meeting
(Environmental Declarations, continued:)
(e)
S.E.Q.R.A.
NEGATIVE ENVIRONM~']NTAL DECLARATIOH
Notice of Determination of Non-Significance
APPEAL NO.:
PROJECT NAME~582
, LARRY AND SANDRA~STAHL
This'notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law ~44-4 of the Town of Southold.
This board determines
cant adverse effect on tho
below.
the within project not to have a signifi-
environment for the rea~]ons indicated
Please take further notice that this declaration should not be
considered a determination.'made for any other department or agency
which may also have an application pending for the same or simi]hr
project. ....
TYPE'OF ACTION: [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION:construc~ swimmingpool, deck and fence
enclosure, within 75 feet pf tidal wetlands or tidal water, whichever
is greater.
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly k~gwn as: 1435 West Road, Cutcbogue,-NY 1000-110-07-26
REASON(S) SUPPORTING TI{IS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this projuct be imple-
mented as planned;
(2) The relief requested is a setback variance as regulated by'
Section 617.13, 6 NYCRR, SEQRA
(3) Information has been submitted by applicant or his agent indicatinc
that the project will not involve the disturbance of wetlands grasses or
areas subject to flooding which may be considered wetlands.
Southold Town Board of Appeals-14- April 23, 1987 Regular Meeting
(Environmental Declarations, continued:)
(f)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.~ 3593
PROJECT NAME: THE QUIET MAN INN
This'notice is is:sued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adversQ effect on the environment for the reasons indicated
below. -
Please take further notice that this declaration should not be
considered a determination.'made for any other department or agency
which may also have an application pending for the same or similhr
project. . ,' ....
TYPE'OF ACTION: IX] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION= Construct addition in this "B-l" Gen. Business
zoning Dist. with an insufficient frontyard setback from the westerly
line along Hobart Ave.
LOCATION OF PROJECT~ Town of Southold, County of, Suffolk, more
particularly k~gwn as: Main Rd..and Hobart. Ave., Southold, NY
1000-62-3-7
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned; .
(2) The property in question is not located within 300 feet of tidal
wetlands or other critical environmental area.
(3) The relief requested is a setback variance as regulated by
Section 617.13, 6 NYCRR, SEQRA
Vote of the Board: Ayes: Messrs.
Douglass and Sawicki. (Member Doyen of
due to weather conditions.)
Goehringer, 'Grigonis,
Fishers Island was absent
Southold Town Board of Appeals -15- April 23, 1987 Regular Meeting
PENDING DECISION: Appeal No. 3609:
Application of GULL POND DAWN CORP. for a Variance to the Zoning
Ordinance, Article XI, Section 100-119.2 for permission to construct
single-family dwelling with an insufficient setback from existing
wood bulkhead along mean highwater mark of Dawn Lagoon. Location
of Property: East Side of Dawn Drive, Cleaves Point, Section 3,
Lot 70, Greenport, NY; County Tax Map District 1000, Section 35,
Block 5, Lot 17.
Following deliberations, the board took the following action:
WHEREAS, a public hearing was held and concluded on April
1987 in the Matter of the Application of GULL POND DAWN CORP.,
File No. 3609; 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 Xt, Section lO0-119.2(B) to construct
a new dwelling structure with an insufficient setback at its
closest point at not less than 42 feet from the nearest waters
edge, or bulkhead, as more particularly depicted by survey prepared
December 25, 1987 (sic) by Peconic Surveyors & Engineers, P.C.
2. The premises in question is located along the east side
of Dawn Drive, Greenport, and is located in the "A" Residential
and Agricultural Zoning District.
3. The subject premises is known as Subdivision Lot 70,
"Map of Cleaves Point, Section 3" filed June 14, 1966 as Map
No. 4650, is presently vacant, and constructed along the east
side of the premises is a wood bulkhead a length of 100± feet.
4. Article XI, Section 100-119.2, subparagraph (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
Southold Town Board of Appeals -16- April 23, 1987 Regular Meeting
(Appeal No. 3609 - GULL POND DAWN CORP., decision, continued:)
of such tidal water body, or not less than seventy-five (75) from
the landward edge of the tidal wetland, whichever is the greater
distance.
5. The Courts have held that the area setback variance must
meet the "practical difficulties" standard, considering as
follows: (a) the relief requested is not substantial in rela-
tion to the requirement; (b) 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) the variance will not in turn be adverse to the safety,
health, comfort, convenience or order of the town; (e) the
variance requested is the minimal necessary; (f) there is
no other method feasible for appellants to pursue other than
a variance.
6. It is the opinion of this board that: (a) the relief
requested is the minimal necessary under the circumstances;
(b) 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) the variance
will not in turn be adverse to the safety, health, comfort,
convenience or order of the town; (e) there is no other
method feasible for appellants to pursue other than a variance;
(f) the percentage of relief requested is substantial in
relation to the zoning requirement; however, there are estab-
lished setbacks existing in the area similar to that proposed
herein.
7. It is noted for the record that: (a) a waiver under
File #10-87-0242 was issued by the N.Y.S. Department of
Environmental Conservation dated March 5, 1987; (b) a
conditional permit was granted by the Southold Town Trustees
March 26, 1987~
NOW, THEREFORE, on motion by Mr. Goehringer, seconded by
Mr. Douglass, it was
RESOLVED, to GRANT a Variance as applied under Appeal
No. 3609 in the Matter of GULL POND DAWN CORP. to permission
to construct new dwelling with an insufficient setback of
not less than 42 feet from the nearest waters edge or bulkhead,
whichever is closer, SUBJECT TO THE FOLLOWING CONDITIONS:
1. New dwelling to be constructed as shown on survey
prepared by Peconic Surveyors & Engineers, P.C. dated
December 25, 1987 (sic); any proposed expansion of the
dwelling or deck areas within the 75-ft. setback area will
require application for consideration.
2. Entire deck remain open and unroofed.
3. Entire deck area to remain uninhabitable.
Southold Town Board of Appeals -17- April 23, 1987 Regular Meeting
(Appeal No. 3609 GULL POND DAWN CORP. decision, continued:)
4. Setback of nearest construction to waters edge, or
bulkhead, whichever is closer, shall be not less than 42 feet.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. This resolution was duly adopted.
(Member Doyen was absent.)
PENDING DECISION: File No. 3615:
Application of CARMINE AND DONNA DiSPIRITO for a Special Exception
to the Zoning Ordinance, Article III, Section lO0-30(B)[1] for permis-
sion to establish and construct two-family dwelling at 6030 Youngs
Avenue, Southold, NY; Minor Subdivision Map 378, Lot 4; County Tax
Map District 1000, Section 55, Block 2, Lot 1.4.
Following deliberations, the board took the following action:
WHEREAS, a public hearing was held and concluded on April 2,
1987 in the Matter of the Application of CARMINE AND DONNA DiSPIRITO
under File No. 3615; 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:
l. By this application, applicants request a Special Exception
as regulated under the Provisions of Article III, Section lO0-30(B),
subsection [1], of the Zoning Code for permission to establish
two-family dwelling use in a proposed principal dwelling on this
vacant parcel.
2. The property in question is located in the "A-80" Residen-
tial and Agricultural Zoning District, having frontage along the
east side of Youngs Avenue (a/k/a Railroad Avenue), and a total
acreage of 4.102 acres as more particularly shown by survey amended
February 25, 1987, prepared by Roderick VanTuyl, P.C.
3. The subject premises is more particularly referred to as
Lot No. 4, Subdivision Map No. 378 approved by the Southold Town
Planning Board, and is identified on the Suffolk County Tax Maps
Southold Town Board of Appeals -18-
(Appeal No. 3615 - DiSPIRITO decision,
as District 1000, Section 55, Block 2,
April 23, 1987
continued:)
Lot 1.4.
Regular Meeting
4. Column "A-180" of the Bulk and Parking Schedule of the
Zoning Code, and Article III, Section lO0-30(B)[1] permit a
two-family dwelling by Special Exception, subject to site plan
approval by the Planning Board, a minimum lot area of 180,000
sq. ft., minimum lot width of 270 feet, and minimum lot depth
of 250 feet. Each dwelling unit is required and is proposed
to have a minimum liveable area of 850 sq. ft,, at a maximum
height of 35 feet. The total lot width and depth of the
premises is shown to be 316.93 feet and 668.07 feet, respectively.
5. It is noted for the record that Certificate of Occu-
pancy No. Z14118 dated December 26, 1985 has been issued to
Randazzo Building Co., Inc. (predecessors in title) concerning
this property.
6. The survey plan amended February 25, 1987 depicts
the proposed location of the two-family dwelling which is
shown: (a) to be set back 125 feet from the west front
property line, and building envelope outlining the minimum
setback requirements of 30 feet from the north side line,
20 feet from the south side line, and 75 feet from the rear
(east) property line; (b) a minimum lot area of 160,000 sq.
ft. for this two-family use.
7. In making this determination, it shall be understood
that this project shall not violate any building or zoning
code regulations and accordingly must be established in
accordance with all rules and regulations for a two-family
dwelling structure and use.
In considering this application, the board also finds and
determines that: (a) 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 promote 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. Grigonis, seconded by
Mr. Sawicki, it was
RESOLVED, that a Special Exception BE AND HEREBY IS APPROVED
in accordance with Article III, Section lO0-30(B)[1] of the Zoning
Code in the Matter of the Application of CARMINE AND DONNA DiSPIRITO
for the establishment of a two-family dwelling use, SUBJECT TO
Southold Town Board of Appeals -19- April 23, 1987 Regular Meeting
(Appl. No. 3615 DiSPIRITO, decision, continued:)
THE FOLLOWING CONDITIONS:
1. Each dwelling unit/apartment shall have a minimum
livable floor area of 850 sq. ft. pursuant to the requirements
of the Bulk Schedule of the Zoning Code;
2. The second dwelling unit's exterior entranceway shall
not be at the front (road) side;
3. Subject premises shall remain a minimum area of 160,000
sq. ft. as applied for this two-family dwelling use.
Vote of the Board: Ayes: Messrs. Goehringer,
Douglass and Sawicki. (Member Doyen was absent.)
was duly adopted.
Grigonis,
This resolution
PENDING DECISION: Appeal No. 3613:
Application of GREGORY PAULOS for a Variance to the Zonin9 Ordinance,
Article XI, Section 100-119.2 for permission to construct deck addition
to dwelling with an insufficient setback from bluff along Long Island
Sound. location of Property: North Side of Sound Vi.ew Road, Map of
Orient By-The-Sea, Section Two, Lot 46, Orient, NY; County Tax Map
District I000, Section 15, Block 3, Lot 4.
Following deliberations, the board took the following action:
WHEREAS, a public hearing was held and concluded on April 2,
1987 in the Matter of the Application of GREGORY PAULOS under File
No. 3613; 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 100-119.2(A) for permission
to construct deck at the rear (north side) of the existing
dwelling with a setback at its closest point at not less than
40 feet from the top of bluff along the Long Island Sound.
2. The premises in question is a substandard parcel known
and referred to as Lot No. 46, Map of "Orient By-The-Sea,
Southold Town Board of Appeals -20- April 23, 1987 Regular Meeting
(Appeal No. 3613 - PAULOS decision, continued:
Section Two" and is presently improved with a Single-family,
dwelling structure, as depicted on survey prepared by Roderick
VanTuyl, P.C. January 12, 1973, with setbacks of: (a) 82±
feet from the front property line, (b) lO½ feet from the west
side line, (c) 29± feet from the east side property line.
The setback from the northeast corner of the house appears to
be approximately 56 feet from the top of the bluff [see Soil
and Water Conservation District report dated March 2, 1987].
3. It is noted for the record that along the top of the
bluff, there is a very low berm which aids in controlling
runoff water from flowing down onto the bluff face. Raising
the height of the berm at the surface inlet by 12 to 18 inches
would help to alleviate any future storm-water surface runoff
(after construction of the deck).
4. The overall dimensions of the deck as requested are
a 30 ft. width, and 12 ft. depth, except at the 12 ft. center
which widens to a depth of 16 feet. Also proposed are 8-ft.
wide steps off the center of the deck.
5. Article XI, Section 100-119.2, subparagraph [A](1)
requires all buildings 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.
6. The existing setback of the dwelling is 56± feet,
and the deck as proposed would reduce the setback by not more
than 16 feet, to 40 feet at its closest point(s).
7. The consensus of the Board is to permit construction
of a deck as shown on the building construction plan,
without a physical attachment to the dwelling, and with a
setback not closer than 40 feet to the top of the bluff.
In considering this appeal, the board also finds and
determines that construction of the deck (detached from
the dwelling) and not closer than 40 feet to the top of
bluff: (a) is not unreasonable under the circumstances;
(b) is substantial in relation to the requirements; (c)
will not create a substantial change in the character of
the area; (d) is feasible since there is no other
method feasible for appellant to pursue other than a
Southold Town Board of Appeals -21- April 23, 1987 Regular Meeting
(Appeal No. 3613 - PAULOS decision, continued:)
variance; (e) is within the spirit of the zoning
ordinance and will serve the interests of justice; (f)
will not cause a substantial effect of increased popula-
tion density or be adverse to the safety, health, welfare,
comfort, convenience, or order of the town.
Accordingly, on motion by Mr. Goehringer, seconded
by Mr. Sawicki, it was
RESOLVED, to GRANT a Variance under the Provisions
of Article XI, Section 100,119.2(A) in the Matter of
the Application of GREGORY PAULOS, File No. 3613, for
the construction of a deck.at the rear (north side) of
existing dwelling, SUBJECT TO THE FOLLOWING CONDITIONS:
1. Deck be no larger than 12 feet in depth;
2. Deck be no closer than 40 feet to the top of
bluff (at its closest point);
3. Deck must be physically unattached to dwelling~
4. Stairway area be no wider than eight feet;
5. Wind-break type screening (fencing, etc.) at a
height of five feet be placed on the east side of deck; or
in the alternative, tall trees to a height of five feet
or more, plus the height from deck to ground level.
6. Deck not be enclosed or converted for living area;
7. This variance is temporary for a maximum period of
two years, EXCEPT where a building permit has been properly
issued and construction cOmmenced within this limited
two-year period.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member DOyen was absent.) This
resolution was duly adopted.
Southold Town Board of Appeals -22- April 23, 1987 Regular Meeting
PENDING DECISION: Appeal No. 3616:
Application of FLINT ST. CORP. AND RIVER CIRCLE CORP. for
Variances to the Zoning Ordinance, Article III, Section 100-31,
Bulk Schedule, for approval of insufficient lot area, depth and
width of two parcels in this pending division of land, fronting
along Linnett Street and Flint Street, Greenport Driving Park
Lots 68 and 76, Greenport, NY; County Tax Map District lO00,
Section 48, Block 2, Lot 32.
Following deliberations, the board took the following
action:
WHEREAS, a public hearing was held and concluded on April
1987 in the Matter of the Application of FLINT ST CORP. AND
RIVER CIRCLE CORP. under Application No. 3616; 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 referred to as Lots 68 and
76 as shown on "Map of Property of Greenport Driving Park,"
filed December l, 1909 as Map No. 369, and is more particularly
shown on the Suffolk County Tax Maps as District 1000, Section
48, Block 2, Lot Nos. 32 and 28.
2. The entire premises as exists contains a total area of
11,256 sq. ft., average lot depth of 225.13 feet, and 50 ft.
lot width. The premises is presently improved with a single-
family dwelling with setbacks of 1½ feet from the west side
property line, 75 feet from the front property line along Flint
Street, 26+ feet from the easterly property line, 116± feet
from the front property line along Linnett Street.
3. By this application, appellants request area variances
for approval of (a) insufficient lot area of 5,628 sq. ft.,
Southold Town Board of Appeals -23- April 23, 1987 Regular Meeting
(Appeal No. 3616 FLINT ST. & RIVER CIRCLE, decision, continued:)
lot depth of 112.57 feet, and lot width of 50 feet, of the
southerly proposed lot; (b) insufficient lot area of 5,628
sq. ft., lot depth of 112.57 feet, and lot width of 50 feet,
of the proposed northerly lot, as more particularly shown by
survey prepared November 5, 1986 by Roderick VanTuyl, P.C.
4. Submitted for the record is a copy of the January 30,
1987 approval from the Suffolk County Department of Health
Services (#87-32) concerning this preexisting subdivision "Map
of Greenport Driving Park," Lot No. 76 and 68.
5. It is the understanding of the Board that the existing
dwelling is serviced by Village water. Information concerning
the existing cesspools was not furnished for the record.
The proposed southerly parcel is to be serviced by both Village
water and sewer utilities.
6. For the record it is noted that
pending at this time before the Southold
for subdivision set-off approval.
an application is
Town Planning Board
7. Article III, Section lO0-31, Bulk Schedule of the Zon-
ing Code requires a minimum lot area of 80,000 sq. ft., minimum
lot width of 175 feet, and minimum lot depth of 250 feet.
8. The amount of relief requested from the lot area
requirements is 74,372 sq. ft., or a percentage of 92.5%.
9. Upon information and belief, the subject premises was
not held in single and separate ownership, although the lots
are shown as Lots 76 and 68 on the 1909 Subdivision Map of
"Greenport Driving Park." It is also the understanding of
this Board that to date, no subdivision or set-off approvals
have been rendered by the Town concerning this property.
10. In viewing the immediate area, the Board finds that
the following Lots as shown on the "Map of Greenport Driving
Park" in the immediate vicinity of the subject premises do
not appear to have been "held in single and separate owner-
ship prior to November 23, 1971 and thereafter" as required
by Article III, Section lO0-31(A) of the Zoning Code: (a)
Lots 7 and 8; (b) Lots 9 and 10; (c) Lots 71 and 72;
(d) Lots 73 and 74; (e) Lots 87 and 89; (f) Lots 54
Southold Town Board of Appeals -24- April 23, 1987 Regular Meeting
(Appeal No. 3616 - FLINT ST. & RIVER CIRCLE, decision, continued:)
and 55; (g) Lots 48, 49 and 50; (h) 51 and 52; (i) Lots
67 and 66; (j) Lots 64, 63, 62, 61 and 18; (k) 60, 59,
26 and 28.
ll. It has been held by the Courts (VanDusen v. Jackson,
35 AD2d 58) that a Board of Appeals cannot under the semblance
of a variance exercise legislative powers. It is apparent
that the variances requested are substantial with respect to
lot area, lot width, and lot depth, 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. This board does not believe that it has the authority
to create new zoning districts under the guise of a variance.
12. It is the consensus of the Board that this and other
similar subdivisions created prior to the enactment of zoning
in 1957 could be included in the "Exceptions" List of the
Zoning Code alternatively.
NOW, THEREFORE, on motion by Mr. Grigonis, seconded by
Mr. Sawicki, it was
RESOLVED, that it is the determination of this Board that
for the reasons set forth above it is without jurisdiction to
grant the relief as requested, and the appeal is therefore
DENIED,
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- April 23, 1987 Regular Meeting
PENDING DECISION: Appeal No. 3618:
Application of SUKRU ILGIN AND MINE PEKSEN d/b/a OCEAN HOLDING
CORP. for a Variance to the Zoning Ordinance, Article VI, Section
100-62 for permission to operate convenience store in addition to
existing gasoline service station uses at 7400 Main Road, Laurel,
NY; County Tax Map District 1000, Section 122, Block 7, Lot O1.
Following deliberations, the board took the following action:
WHEREAS, a public hearing was held and concluded on April 2,
1987 in the Matter of the Application of SUKRU ILGIN and MINE PEKSEN
d/b/a OCEAN HOLDING CORP. under Appeal No. 3618; 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, appellants request a variance under
the Provisions of Article VI, Section 100-62, (which requires a
minimum lot area of one acre for a shopping center), in order to
establish a "convenience store" for the on-premises sales of
packaged food and non-food items (without food preparation or
on-premises food services), in conjunction with the existing
gasoline-service station use.
2. The premises in question is a described parcel of land
located in the "B-l" General Business Zoning District, containing
a total lot area of 11,984 sq. ft.
3. The subject premises is improved with the following
structures: (a) two islands with full-service fuel-dispensing
pumps; (b) gasoline station office and two-bays, all as shown
on survey prepared February 13, 1987 by Peconic Surveyors &
Engineers, P.C.
4. The area to be used for the "convenience store" is
Southold Town Board of Appeals® April 23, 1987 Regular Meeting
(Appeal No. 3618 - ILGIN 6nd other~, decision, continued:)
at the southerly half of the existing structure of a size
27.6 ft. x 28.9 ft. The most northerly half will continue
to be used as a gasoline-station office area.
5. The consensus of the Board is to permit the estab-
lishment of a "convenience store" in the southerly half of
the existing structure to be used accessory and incidental
to the gasoline-service station use, and not as a separate
principal business use. It shall be understood that only
one exterior entranceway shall be permitted at the west side
of the existing building which is presently for the gasoline-
station office area, and a second entranceway which the
owner finds necessary shall be located only at the east side
of the existing building. The minimum eight parking spaces
must remain open and unobstructed at all times to allow
safe and convenient parking for customers.
6. It is noted for the record that a site-plan applica-
tion is presently pending before the Southold Town Planning
Board, and Certificate of Occupancy #Zl0810 was issued by the
Southold Town Building Department on December 9, 1981 to
Peter J. Warren and Linda L. Ryan (predecessors in title)
for a gas service station.
7. It is also understood that the existing vehicle
lifts and vehicle-repair areas will be eliminated and replaced
with this accessory "convenience store" use.
In considering this application, the board also finds
and determines: (a) that the use as proposed is consistent
with and will promote the general purposes of the zoning code
and maps; (b) the circumstances of the property are unique;
(c) there will not be a substantial change in the essential
character of the neighborhood; (d) there is no other method
feasible for appellants to pursue other than a variance; (e)
the relief requested is substantial in relation to the require-
ments; (f) the relief as conditionally granted will not
prevent the orderly and reasonable use of this district or
adjacent use districts; (g) the safety, health, welfare,
comfort, convenience and order of the Town will not be
adversely affected by the proposed business use and its
location; (h) the interests of justice will be served by
allowing the variance, as conditionally noted below.
Accordingly, on motion by Mr. Sawicki, seconded by
Southold Town Board of Appeals -27- April 23, 1987 Regular Meeting
(Appeal No. 3618 - ILGIN AND OTHERS, decision, continued:)
Messrs. Douglass and Goehringer, it was
RESOLVED, to GRANT a Variance under the Provisions
of Article VI, Section 100-62 for the establishment of a
"convenience store" accessory and incidental to the
existing gasoline-service station use in this "B-l" General
Business Zoning District, as applied under Appeal No. 3618,
Matter of SUKRU ILGIN and MINE PEKSEN d/b/a OCEAN HOLDING
CORP., SUBJE~ TO THE FOLLOWING CONDITIONS:
1. Any additional proposed exterior entranceway
shall be located on the east side of the existing building;
(only one as exists shall be permitted on the west side);
2. The parking area(s): (a) shall be paved along the
east side of existing building; (b) shall remain open and
unobstructed at all times for customers use; (c) shall be
sufficiently lighted;
3. All outside lighting shall be sufficiently
shielded from the highway and neighbors;
4. A maximum four sq. ft. sign shall be placed on
the front of building indicating "PARKING AT THE REAR" (east
side) FOR CONVENIENCE STORE CUSTOMERS;
5. The "convenience store" use granted hereunder
is permitted only accessory and incidental to the gasoline-
service station use presently established, and not as a
separate principal business use;
6. No food service or sales of prepared foods, no
cold cut/deli items, or other food services (except pre-packaged);
7. No expansion or further construction without
reapplication or new application for consideration to both
the Planning Board and Zoning Board of Appeals, and any other
department or agency having jurisdiction thereof.
8. This variance is temporary for a maximum period of
two years, EXCEPT where a building permit has been properly
issued and construction commenced to convert this building as
proposed herein, within this limited two-year period.
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 -28- April 23, 1987 Regular Meeting
REVIEW/UPDATE OF PREVIOUS APPEAL NO. 2325 - In response
recent correspondence from the Town Planning Board concerning
the limitations of the previous decision rendered under this
Appeal on January 18, 1980, the Board Members agreed that the
right-of-way as accepted on January 18, 1980 was only for one
house lot and was not reviewed for additional lots or minor
subdivisions at that time. It was the consensus of the
Board that this right-of-way has not received appropriate
~pprovals for any other newly proposed house lots and Z.B.A.
jurisdiction would appear to encompass the area joining the
east end of Long Creek Drive and lands now or formerly of
Ofrias (a length of 1000± feet).
to
New York Town Law, Section 280-a does not allow the issuance
of any permits for the erection of building(s) without appropriate
280-a approval and improvement of such right-of-way, and a new
application will therefore be necessary for any additional house
lots and building permits therefor.
On motion by Chairman Goehringer, seconded by Member
Grigonis, it was
RESOLVED, that the portion of the right-of-way extending
from the east end of Long Creek Drive for a length of lO00±
feet up to lands now or formerly of Ofnias, was limited under
New York Town Law, Section 280-a, to only one house lot as
applied on January 18, 1980.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was absent.)
APPROVAL OF MINUTES: On motion by Chairman Goehringer,
seconded by Member Gri§onis, it was
RESOLVED, to approve the Minutes of the following Meetings
of this Board as submitted:
March 5, 1987 Regular Meeting, and
April 2, 1987 Regular Meeting.
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 -29- April 23, 1987 Regular Meeting
REFERRAL UNDER SEQRA: Minor Subdivision Proposal of
CHARLES W. BOWMAN, Main Bayview Road, Southold; 1000-78-7-3,4,5 and
1000-76-3-34.2.
After reviewing the proposed subdivision map referred by
the Planning Board under SEQRA, the Board members agreed to send
the following response and agreed with the Planning Board's
designation as lead agency:
1. The contours shown on the April 4, 1986 Map prepared by
Howard W. Young do not make reference to the existing elevations.
[Maps of all existing contours should be furnished.]
2. The freshwater and saltwater wetland areas below the
5' contour line (landward of the tidal wetlands line) should be
delineated and identified. If there are no other wetland areas
other than "tidal," certification should be endorsed on the map.
(Lot #2 is questionable~)
3. Areas of proposed construction should be flagged for
on-site inspections.
4. Areas of proposed altered contours and fill placement
should be flagged for on-site inspections.
5. Cattails and other grasses defined by Ch. 97 of the
Zoning Code do appear to exist in areas close to the road and
towards the proposed construction areas, and should be evaluated
before any filling of the property commences.
If it is found that the areas of proposed construction are
within 75 feet of the nearest freshwater or saltwater wetland,
or will require an application to this Board in any other manner,
additional assessments may be necessary.
UPDATE: Appeal No. 3439 - ARNOLD AND KAREN BLAIR. The
Board acknowledged receipt of a cop~ 'of the subdivision map
endorsed by the Suffolk Coun%y Health Department (exempting
the Article VI requirement), and four prints of a survey
indicating building envelopes, setbacks, Wetlands, wetland-
grass areas, and varied contours north of the 5' contour, as
requested by our December 13, 1985 lettert The attorney for
Southold Town Board of Appeals -30- April 23, 1987 Regular Meeting
(Update - Blair - Appeal No. 3439:)
the applicants expect to receive and furnish the amendments of
the N.Y.S.D.E.C. Permit #10-83-0357 before our advertising
deadline. The Board agreed to schedule this matter for a
public hearing to be held May 21, 1987, subject to receiving
the Amended DEC Permit by our advertising deadline of May 8th.
The Board authorized the Chairman to forward correspondence
to the Suffolk County Soil and Water Conservation District
requesting their evaluation of this project as early as possible.
NEW APPLICATION: Spec. Exc. No. 3625 - PUDGE CORP.
The Board reviewed the recent application of PUDG-~-CORP. and
agreed to schedule this matter for public hearing at our
next Regular Meeting, subject to receiving exact distances
between buildings at turning points, widths of roadways,
and staking of all corners of the buildings.
NEW APPLICATION: Variance No. 3624 - ERNEST TARMIN.
The Board reviewed the recent application of ERNEST TARMIN
and agreed to schedule this matter for public hearing at
our next Regular Meeting, subject to receiving a sketch
of the proposed stairs area along the bluff and completed
ZBA long-form questionnaire.
UPDATE REVIEW: Appeal No. 3543 - PETER AND BARBARA HERZ.
The Board acknowledged receipt of response received ApriT-T,
1987 from the Suffolk County Soil and Water Conservation
District, a copy of which was forwarded to the applicants'
attorney. The Board agreed that the file appears complete
at this time, and that this matter should be scheduled for
a public hearing to be held on May 21, 1987, etc.
UPDATE REVIEW: Appeal No. 3412 MOORE AND HERZWEIG
(Previously Cramer and Herzweig). As of this date, act~ns
have not been taken on the Wetlands Permit and SEQRA reviews
by the Southold Town Trustees. The Board's position is
Southold Town Board of Appeals -31- April 23, 1987 Regular Meeting
(Appeal No. 3412 MOORE AND HERZWEI~, Update continued:)
the file must continue to be deemed incomplete pending receipt
of: (a) finalization of the SEQRA process, including submis-
sion of the Final EIS and Final SEQRA reviews and determination;
(b) copy of the wetlands-permit action of the Town Trustees as
required by Ch. 97 of the Town of Southold. Board Clerk Linda
Kowalski advised the Board that the applicants assure Town
Trustee action April 30th.
The Board additionally requested that all corners of the
proposed new construction be flagged (including steps, decks,
etc.) at the outside perimeter for on-site inspections.
Photographs of the areas to be under construction and wetlands
boundary are also helpful in the Board's review.
Motion was made by Member Sawicki, seconded by Members
Douglass and Goehringer, to continue holding this matter in
abeyance until such time as the file has been declared
complete. Vote of the Board: Ayes: Messrs. Goehringer,
Grigonis, Sawicki and Douglass. (Member Doyen was absent.)
This resolution was duly adopted.
UPDATE: Appeal No. 3605 - TED DOWD. The Board reviewed
the r~ report received from the T~ road engineer, John W.
Davis. Field inspections are expected in the near future to
evaluate suitable access prior to scheduling this matter for
public hearing.
PRIOR CONDITIONS: Possible violations. The Board
briefly discussed possible violations concerning a Special
Exception rendered under JAMES AND MARY TYLER. It was noted
that the vehicle doors should not have been permitted at
the road side as constructed. A research of this matter
was requested.
PENDING APPEAL NO. 3581 GEORGE D. DAMIEN. The Board
was in receipt of correspondence received April 10, 1987
from Mr. Damien. No one offered a motion to change the
Board's position taken at our March 5, 1987 and prior meetings.
Southold Town Board of Appeals -32- April 23, 1987 Regular Meeting
NEW APPLICATION: Appeal No. 3628 - GEORGE AND JANE KAYTIS.
The Board reviewed this new application for requested area
variances in this proposed division of land and requested
copies of current deeds and C.O.s of record for our file, if
available. On motion by Mr. Douglass, seconded by Chairman
Goehringer, it was
RESOLVED, this matter be held in abeyance pending receipt
of the following:
(a) Planning Board application, review and comments;
(b) County Health, Article VI approval or waiver.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was
absent.) This resolution was duly adopted.
NEW APPLICATION: Appeal No. 3627 - LILLIAN L. VISHNO.
In reviewing this new application, the board requested the
following prior to scheduling this matter for public hearing:
(a) Planning Board application, review and comments;
(b) County Health Article VI approval (or waiver).
COMMUNICATIONS: The Board was in receipt of the following
communications and referrals:
(1) Proposed Ch. 46 Flood Plain Management and Notice
of Code Committee Meeting.
(2) Letter from David J. Gunselman, 1305 Hiawatha Path,
Southold.
(3) Letter from the Department of Legislative and Economic
Affairs~ Long Island Association (LIA) Re: Affordable Housing.
Southold Town Board of Appeals -33- April 23, 1987 Regular 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 10 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 7~11). **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 (two lots). S/s Northview Drive,
Orient. Await Art. 6 Action before advertising. R. Bruer, Esq.
Appeal No. 3581 GEORGE DAMIEN. Jackson St., New Suffolk.
Variances for insufficient area, width, depth. Await Art. 6
Action per Co. Health Dept. communications.
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 (prey.
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 reseparation 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. Stat~s/clarification awaited. N/s CR 48, Southold.
Southold Town Board of Appeals -34- April 23, 1987 Regular Meeting
(UPDATE, continued:)
Appeal No. 3371 - FLORENCE ROLLE. Variances for area and
depth, two parcels. E/s Ole Jule Lane and N/s Kraus Road,
Mattituck. (**Await Co. Health Art. 6 action.) A. Wickham, Esq.
Appeal No. 3342 PHILIP R. REINHARDT. Variances for
area and width (two parcel--~l~7~-. **Recessed 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 Linet
Lane Extension, Greenport. Premises of Clempner and Mandel.
(Await DEC action and PB input before adverti§ing.)
Appeal No. 3249 - DONALD P. BRICKLEY.__ Variance for
nsufficient area and width. S/s Bay Avenue and E/s Broadwater
Drive, Cutchogue. (**Await DEC, Art. 6 action and contour 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. (**Await DEC and Co.
Health Art. 6 action after formal applications.)
Appeal No. 3542 - TIDEMARK/CLIFFSIDE ASSOCIATES.
Await copies of Co. Health approval, 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. Await DEC, Co. Health and Trustee actions (after
formal applications) 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 Ar~t. 6 a~_t~ion. Area, width and depth
variances. Alfred Skidmore, ~sq. {Village water not available.)
Appeal No. 3546 GREGORY FOLLARI. Relief of ZBA Condition
requested concerning disturbance of soil at Sound bluff. Await
DEC action (after application) to alter bluff areas before
proceeding.
Southold
Town Board of Appeals -35- April 23, 1987
Regular Meeting
(UPDATE, continued:)
Appeal No. 3575 - ROSA HODGSON. Variances as to insufficient
area and width of proposed 45,000± sq. ft. lot from 7.152-acre
parcel. R?~'Pine Neck Road, Southold. Await Co. )(ealth 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. ~/sFSound
Road and N/s Main Road, Greenport. Await further instructions
from attorney or applicant. Await PB input on revisions.
Appl. No. 3586SE ROBERT AND HELEN DIER. Special Exception
for Bed and Breakfast. : Await determination on Special Exception
for Accessory Apartment expected about 3/5/87 before proceeding.
355 Terry Lane, Southold.
Appeal No. 3600SE - T. LUCAS AND G. & A. BELIS. Special
Exception to allow 70 motel units on 7.(3!3~1~ acres zoned "B-Light"
Business, 4,000 sq. ft. of land area per unit with Village water.
S/s Main Road (prev. 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 MaTn 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.
Appeal No. 3602 MARGARET McNAMARA. Wraparound deck within
Z5 feet of existing bulkhead ~ in excess of 20% lot coverage.
640 Takaposha (private) Road, Southold. (Await Trustee and
DEC waivers before advertising.)
Appeal No. 3564 JOHN DEMPSEY (Contract Vendee). Variances
for insufficient setback from bluff and 280-a. No record of
town approval on subdivision. C.O. not available. N/s ROW off
the N/s Oregon Road, Cutchogue.
Appeal No. 3206 - HENRY P. SMITH. Variances for insufficient
area a~ Width (two lots). W/s P~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 p~nding division). E/s
Deep Hole Drive, Mattit'uck. 1/295-acre described parcel. Await
Co. Health Art. 6 approval. Rec. PB input and DEC permit (exp. 12/87).
Henry Raynv, , Agent,
Southold Town Board of Appeals -36- April 23, 1987 Regular Meeting
UPDA?E, continued:)
Appeal No. 3439 ARNOLD AND KAREN BLAIR. Variances for
insufficient area and width in pending division for two lots
at Cedar Lane and Beach Court, East Marion. Gardiners Bay
Estates Lots 151 through 172 incl. adjoining roads. ~
Co. Health Art. 6 action, and po~ibl~ Town Trustees as to
wetlan~ g~as~e~.) Building envelepe~ of buildeble aroa~ not
~hown. Contours not shown.
Appeal No. 3445 JULIUS ZEBROSKI. Variance for approval
of two lots having insufficient area and width. E/s Waterview
Drive and N/s Bayview .Road, Southold. (**Await Art. 6 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 Co.
Health Art. VI action, corrected maps to show third parcel,
and P.B, application/comments after submission of maps.)
P. 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 St. and N/s King Street,
New Suffolk. (**Await Co. Health Art. 6 action after application.)
Appeal No. 3426 GERALD DOROSKI. Variance for approval of
access (280-a). N/s C.R, 48, Peconic. **Await additional informa-
tion to clarify ROW and P.B. input on pending division.
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. ~. R6senblum, Esq.
Appeal
area, width
advertising)
No. 3514 - GEORGE P. SCHADE.
and depth. (Await Co. Health
Variances for insufficient
Art. 6 waiver before
Appeal No. 3495 - JOHN AND GLORIA SHIRVELL. Variances for ~'
insufficient area, width and depth. (Two Lot~]. N/s Pine Tree
Road, Cutchogu~. (Await Art. 6 waiver/action before advertising.
Appeal No. 3496 - FREDERICK KOEHLER, JR.
within 75 feet of water along Cutchogue Harbor,
(Await Co. Health approval before advertising).
Cabana/beach house
N/s Old Harbor Road.
H. Raynor, Agent.
Southold Town Board of Appeals -37- April 23, 1987 Regular Meeting
(UPDATES, continued:)
Appl.~cation for LOIS AND FRANK THORP. E/s West Lane and
S/s North Lane (private}, off the E/s Orchard Lane at East
Marion. Variances for approval of lots proposed with
insufficient area, width, depth, etc. **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 insuf~E area, ~)dth a~-"~'~th of three
parkelp, W/s ROW.off the S/s Bayview Road (west.of
Waterview Drive), ~quthold. 28q-a not requested. **Await
Co. Health Art. VI and qEC approvals/acti.on.
Appeal 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 envelopes and setbacks not shown since enactment
of Local Law - Wetlands Setbacks.
Appeal No. 3355 - PAUL AND MARIETTA CANALIZO. Variance
to construct with .insufficient setbJck in frontyard and
from wetlands. **Await. DEC and wetland setbacks map.
Trustees reviews pending.
ARTICLE 78 PROCEEDINGS UPDATE:
report t~e following Court Actions
following matters:
The Chairman was happy to
of recent date for the
1. Appellate Division, Second Department
Truckenbrodt vs. ZBA.
2. Supreme Court - AFFIRMED (in our favor).
Heins vs. ZBA.
AFFIRMED (in our
favor).
3. Supreme Court - AFFIRMED (in our favor).
Varano vs. ZBA.
4. Supreme Court - AFFIRMED (in our favor)
Wade vs. ZBA and Building Department
5. Supreme Court - DISMISSED (in our favor)
Walker vs. ZBA
6. Supreme Court - DISMISSED (in our favor)
Heinisch vs. ZBA.
Southold Town Board of Appeals -38- April 23, 1987 Regular Meeting
(Court Actions, continued:)
It was noted that at the present time, the following two matters
have recently been initiated and are still pending at this time:
Brianciforte vs. ZBA (Mattes Bed and Breakfast Spec. Exception)
Mandel vs. ZBA (area variance denied 3 lots on 3+ acres).
There being no other business matters properly coming before
the Board at this time, the Chairman declared the meeting adjourned.
The meeting was adjourned at 10:00 p.m., and the Board agreed to
meet in the next week or so at a Special Exception to deliberate
and take action on tonight's public hearings (which have been
finalized).
Gerard P. Go'Chairman
/Approved - June/~rl~
Respectfully submitted,
da F. Kowa]ski, Secretary
Southold Town Board of Appeals
I ECElV D AND FILED BY
TI~ SOUTHOLD TOWN
Town ot So~d~ld
SOUTHOLD TOWN BOARD OF APPEALS
MATTER OF GREGORY iFOLLAR!
THURSDAY, APRIL 23, 1987, iPUBLIC HEARING
7:42 p.m. Appeal No. 3546 - The Public ~earing commenced in the
Matter of GREGORY FOLLARi. Variance frgm prior Appeal 3507, ren-
dered 6/25/86 to permit the regrading o~ area within 50 feet of
the top existing bank/bluff along the LOng Island Sound in ac-
cordance with DEC Permit ~10-86-1233 issued March 10, 1987. N/s
Sound Dr., Greenport.
The Chairman read the legal notice and application for the record.
CHAIRMAN GOEHRINGER: I have a copy of 9 survey, the last update
was April 1, 1981 by Roderick VanTuyl P~C. received on March 24,
1987 indicating the area in question adjacent to the top of the
bluff area. I have a copy of the DEC permit and I have a copy
of our decision dated April 28, 1986 which~ was the actual date
of the receipt of the application and the decision which was ren-
dered on August 13, 1986. And I have a copy of the Suffolk County
Tax Map indicating this and surrounding properties in the area.
Mr. Powell would you like to be heard?
MR. POWELL: No. Not really. I feel as though the application
is self-explanatory. And if there is anyone here in rebuttal
to what Mr. Fol!ari did, I'm here on his behalf and I'd like to
answer any questions anybody might have.
CHAIRMAN GOEHRINGER: I just want to ask you. The DEC permit
clearly states that we're talking about an area at the top of
the bluff line approximately !00 by 55 by 9 feet. Is that cor-
rect?
MR. POWELL: 8 or 9 feet. It's hard to judge by visual.
CHAIRMAN GOEHRINGER: At its highest point, it would be 9 feet?
MR. POWELL: At the highest point. And as you have read in the
application, Mr. Follari would like to regrade that lot so that
he can conform with lots 116 and 118.
CHAIRMAN GOEHRINGER: Thank you sir. Is there anybody else that
would like to speak in favor of this application? Anybody like
to speak against the application? Questions from Board members?
I had a discussion with John Bredemeyer who is the vice president
of the trustees, concerning the trustee's views in the area of
this particular nature. And Mr. Bredemeyer did indicate to me
however, that there was one area that was recently dealt with
which was in Cutchogue on the Sound and they did allow an appli-
cant to cun a portion of the bluff. At this particular time,
hearing no further comments, I'll close the hearing reserving
the decision until later. Thank you very much for coming in.
Ail in favor - AYE.
SOUTHOLD TOWN BOARD OF APPEALS
THE MATTER OF THOMAS BALK.
THURSDAY, APRIL 23, 1987, PUBLIC HEARING
7:47 p.m. Appeal No. 3620 - The Public Hearing commenced in the
Matter of THOMAS BALL.~ N~w dwelling with an insufficient set-
back from east property line along Arshamomaque Avenue, Southold,
Map of Beixedon Estates, Block 7, Lot 4.
The Chairman read the legal notice and application for the record.
CHAIRMAN GOEHRINGER: I have a copy 6f a survey showing an irregu-
larly shaped lot as mentioned in the application of approximately
21 thousand square feet. Excuse me. Construction is not Qithin
the area of the tidal wetlands. It's not a part of this applica-
tion. The applicant proposes to build 78 feet from the tidal
line area. We are basically referring to a total sideward in
this application and he proposes a 5 foot sideyard in the right'
of way to the water which (I assume) is the proper playground
area for the subdivision and 15 feet 6n the west property line.
and I do not have a square footage of th~ house on this. This
survey was produced by Peconic Surveyors and'was received by us
on March 2, 1987. The last date on the survey was March 3, 1987.
And I have a copy of the Suffolk County Tax Map indicating this
and surrounding properties in the area. Mr. Ball would you like
to be heard. Could I ask you to use the mike if you would and
state your name.
MR. BALL: Basicailly, we picked a house to fit a lot and we cut
it 2 feet facing the water and 2 feet on the side. So it's kind
of hard to cut the house anymore without turning it. And then
we found it difficult... Well, it wouidn't look so nice if you
put it straight on so we wouldn't need the variance. It wouldn't
be facing the rest of the neighborhood as nice. That's sort of
the main purpose of it. Basically, we have down here 5 feet plus.
So we probably could go to 6 feet. And also, I wanted to get it
As far away from the water as I could. That is part of the reason
too. We could bring it up another foot or so but I'd'keep it back.
The area that we're looking for the variance is really undeveloped.
It's a path right-of-way to the beach. And let's say we had 6
feet to the line, we still have at least another i0 or 15 feet it
Seems. 'That's even before you get to the path. it's all roughed
in.
CHAIRMAN GOEHRINGER: Is that a one road access in and a one road
access 6ut for the beach?
MR. BALL: No. There's two. There's another one on the other
side. Actually the beach they use actually is on the other side.
The beach access that we have is adjacent to our property, is not
really the one that is 6sed that often because the beach isn't that
nice there. It's all rocky. Most of them go to the other side.
Also, the reason I picked the house the way I did was because I
wanted to avoid putting a driveway off that path. And in talking
Page 2 - April 23, 1987
Public Hearing - Thomas Ball
Southold Town Board of Appeals
MR. BALL (continued)
to the neighbors and what not, they wanted to keep that road or
path as much as they could. They didn't want to develop it. So
I'm going to come in off the right-of-way where my proposed drive-
way is. That's the right-of-way for that house. That's it.
CHAIRMAN GOEHRINGER: Thank you. We'll see what develops through-
out the hearing. Is there anybody else that would like to speak
in favor of this application? Anybody like to speak against the
application? It's going to be a quick night tonight. I under-
stand from your floor plans here that the first floor area is ap-
proximately 9,019 square feet. Is that correct?
MR. BALL: Right. I guess so.
CHAIRMAN GOE~RINGER: Is there any possibility of clipping that
corner on the east side at all without causing an esthetic detri-
ment.
MR. BALL: See that was the problem when you do that. This is
the corner that we're talking about. I would love to have done
it. If it was'this corner, I definitely would have done it. It
just ruined the look becauset~h~si~s~g0~g~to[.bel-fae!i~g~-~he street
catti-corner and it just... It could be done and i could avoided
all the appeals and what not. It just ruins the look of the ho~ee
from the street. It really !6oks pretty that way. It looks really
nice rather than cut that one corner off to do it.
CHAIRMAN GOEHRINGER: Is there any way ....
MR. BALL: We took two feet of this side already.
CHAIRMAN GOE~RINGER: Is there anyway of taking two feet off of
the outside of the house at all?
MR. BALL: This side?
CHAIRMAN GOEHRINGER: No. The other side?
MR. BALL: This side. I really can't because it ruins (how do
I say it) the floor plan and you reallyl, wouldn't be able to do
it. It would kind of ruin the floor ~lan. We'tried to do that
too. And we tried to also reverse the whole floor plan of the
house and that didn't work because then I would have had to use
the path as the driveway and I didn't want to do that because of
t~e obvious reason was that you'd have to develope that path and
that was not a good idea. I want to use the access that's already
there.
Page 3 - April 23, 1987
Pubilc Hearing - Thomas Ball
Southo!dTown Board of Appeals
CHAIRMAN GOEHRINGER: And the garage originally, was 22 feet 8
inches and you brought it down to 20 feet 8 inches? Ok. Thank
you. Hearing no further questions I~lli~close the hearing reserv-
ing the decision until later. Thank you very much f~r coming
in. I hope to have a decision for you by the hex5 meeting.
Ail in favor - AYE.
SOUTHOLD TOWN BOARD OF APPEALS
MATTER OF MICHAEL S. GILLILAND
THURSDAY, APRIL 23, 1987, PUBLIC HEARING
7:55 p.m. Appeal No. 3621 - Public Hearing commenced in the
Matter of MICHAEL S. GILLILAND. Variances (a) for accessory
two-car garage in frontyard~ (b) to locate new dwelling with
insufficient setback from bluff/bank along L.I. Sound. N/s
Sound Drive, Greenport.
The Chairman read the legal notice and application for the record.
CHAIRMAN GOEHRINGER: The next appeal is 3621 on behalf of Michael
S. Gilliland dated July 1, 1986, most recent update October 7,
1986 received by us March 25, 1987 indicating a-lot of approximately
100 by 336.58 variable. The location of the house~ 55 feet at
its closest point and a garage approximately 25 feet from sound
Drive. The side of the garage is approximately 13 by 24 it appears
to be. And I have a copy 6f the Suffolk Co6nty Tax Map indicating
this and surrounding properties in the area. Is there somebody
who would like to be heard on behalf of this application? Anybody
f~r this? Good. Would you kindly state your name.
MR. GILLILAND: I'm the owner, Michael Gilliland.
CHAIRMAN GOEHRINGER: How are you?
MR. GILLILAND: Fine thanks.
CHAIRMAN GOEHRINGER:
that's unique?
NoW, what can you tell us about your property
MR. GILLILAND: Well, I guess I said a lot of it in the application.
But I have since, received from the County of Suffolk, an analysis
of the bluff and they state it's very stable from
the bottom to the top and there are bolders in front of it. There
presently has not been, in recent history, any kind of erosion. I
have the.same problem as another lot that we discussed earlier this
evening which had to be graded down 9 feet. Because if you built
back behind the swell, you'd have no choice. So what I've done
there to conform the house with the house next door and to avoid
having to build behind that, is to apply for a variance that would
allow me more than 55 feet, as close to 55 feet from the water~-
CHAIRMAN GOEHRINGER:
that area then?
That would not require any regrading of
MR. GILLILAND: Not only would it not require, I'm going to try
to avoid it. My intention is not to change any of the vegetation
on the bluff at all if possible. I don't want to change any of
th~ trees or any of the bushes. According to the DEC, they recom-
mended that you can hand put them back so that you are pruning
your own hedge so you might see the water. A great concern to
us is that we do not disturb the bluff or any of the surrounding
vegetation at all.
~Page 2 - April 23, 1987
Public Hearing - Michael S. Gilliland
Southold Town Board of Appeals
CHAIRMAN GOEHRINGER: Can I just ask you, would you just check
that mike and see if it's on. For some reason ....
MR. GILLILAND: It's on. Am I not projecting?
CHAIRMAN GOEHRINGER: I guess we're alright. Thank you. Was
there any withdrawal, possibly, on the garage? Or are you still
going with that idea of placing the garage in the front yard area?
MR. GILLILAND: Marty and Agnes Ehrenbach are here° They are the
neighbors to the east and they made a very good suggestion which
was that garage should not probably be built on that side. It might
be moved over to another side because there is (they observed for
my benefit) a curb there and so it might be a better idea rather
than having the exit for the garage right near a curb out where
the road is straighter and that's fine.
CHAIRMAN GOEHRINGER: So you're going to come back with another
application some time in the future for the garage?
MR. GILLILAND: i would prefer not to. I don't thihk, unless
it matters for the purpose of the town trustees, I would rather
you give us a blanket approval for the garage in the backyard.
CHAIRMAN GOEHRINGER:
you want to put it.
You can't do it.
You have to tell us where
MR. GILLILAND: What I'll do is just withdraw the application for
the garage. And then in a separate application, perhaps, at a later
time, mare an application for the garage because it's not essential
~o the ho6se. I'd like to get going with the plans. I'd also like
to point out to the Board that; although it's 55 feet at it's closest
point, the bluff steeply angles off. So that if I were to build my
house (roughly) on a parallel with the house next door, luckily that
would be to a mu~h greater distance at most points from the house.
Although I don't know what that would presently be, it wo~ld be~Qa
greater distance.
C~AIRMAN GOEHRINGER: You are aware that yoh must maintain the side-
yards if the Board so grants this house in its present location or
its proposed location. And you can not encroach on either one of
those sideyards because you have to be able to gain access to the
bluff area if you have to do any work up there. In other words,
you have 15 feet on both sides at their closest points and you
would have to maintain that 15 feet.
MR. GILLILAND: Fine.
CHAIRMAN ~OE~RINGER: Thank you. Is there anybody else that would
like to speak in favor of this application? Anybody like to speak
against the application? Questi6ns from Board members? Hearing
no further questions, I'll make a motion closing the hearing reserv-
ing decision until later.
Ail in favor - AYE.
SOUTHOLD TOWN BOARD OF APPEALS
MATTER OF PETER MARKOPOULOS
THURSDAY, APRIL 23, 1987, PUBLIC HEARING
8:04 p.m. Appeal No. 3623 - Public Hearing commenced in the
Matter of PETER MARKOPOULOS. Variance for approval for construc-
tion of new dwellihg/foundation with an insufficient westerly
side and insufficient total sideyards to less than that granted~
under prior Appeal No. 3297 (12/31/84).
The Chairman read the legal notice and application for the record.
CHAIRMAN GOEHRINGER: Appeal No. 3623 on behalf of Peter Markopoulos
I have a copy of a survey which is indicated as a foundation survey
dated June 19, 1986, updated on January 7, 1987 produced by Young
and Young Surveyors. I have a copy of a decision of the Southold
Town ZBA. One mentioned; which shows that condition number one,
the sideyards not be reduced to less than 10 feet on the easterly-
side and 12 feet on the westerly side. The staircase will not be
wider than 3 feet into the sideyard area which was received by us
on October 5, 1984 and the decision was signed and filed on Decem-
ber 14, 1984. And I have a copy of the Suffolk County Tax Map in-
dicating this and surrounding properties in the area. Is there
s6mebody who would like to be heard on behalf of this application?
MR. ARNOFF: Yes. Just very briefly~ I'd like to be heard. I
think there's one thing I feel it mentioned in the application.
That is the aggrogant sideyard which the Board originally approved
back in 1984, is stated as consistant with what we have. It's still
22 feet. We're not asking to change the aggrogant amount of the
sideyard. What we-really-have here is a dimineous thing that was
done by the builder. I might point out that the original survey
which was done by someone in Bone and Bonucci, indicated compliance
with the Board. The house would be 28 feet. That would be 10 feet
and 12 feet on either side. Apparently, unbenounced to anybody
until this was well into construction and even virtually finished
at this point, it was determined on an updated survey that the founda-
tion had been poured to create this minor problem. I presently spoke
with Mr. Levinus who was one of the owners and one of the particular
owners, called me and said he had no objection whatsoever considering
the minor nature of this. I have not heard from any of the other
property owners.
CHAIRMAN GOE~RINGER: Could you just state your name for the files.
MR. ARNOFF:
here.
Harvey Arnoff.
I'm the attorney for the applicant
CHAIRMAN GOEHRINGER: Ok. I thank you. Is there anybody el~e who
would like to speak in favor of this application? Anybody like to
~eak against the application?
P~ge 2 - April 23, 1987
Public Hearing - Peter Markopoulos
Southold Town Board of Appeals
MR. HOLDEN: Good evening. I'm the brother of the party residing
on west side. I'm not really speaking in opposition to the appli-
cation, it's just that when we appeared here before, there was
some restrictions placed with regard to the application and I think
the restsrictions have now entered into it again. It's indeed un-
fortunate that the builder was unable to conform to the zoning regu-
lations and extend the area to the west side by a one foot margin.
The structure itself is a very fine structure and I don't want any-
body to think we're not complimenting the neighbors. However, there
are two things that are involved. The original premise was granted
with a restriction that a staircase leading to the rear decking be
limited to 3 feet extended out to that sideyard. With the one foot
extension, we now have a four foot total for the staircase-leading
to the rear deck to be 3 feet. So we now have four feet. The Holdens
would be the party on the opposite side. Sorry, my teeth aren't
doing too well. I'm not opposing that. They feel it would be unkind
to restrict somebody to go up a two feet staircase rather than 3 feet.
However, there is, in looking at the plans on the property, a problem
which~ might come up and it would only be asking that the Board review
and continue holding the builder to the plans as specified. And what
I am suggesting and referring to here perhaps minor or in fact, minor
to this problem which presently faces the owners. Regarding the
staircase, the diagram which was submitted to the Board has a pro-
posed diagram of a staircase. May I preest it to the Board?
CHAIRMAN GOEHRINGER: Sure.
MR. HOLDEN: Thank you. If I may, This is a diagram of the sideyard
area which has a staircase leading from the westerly side. Those
steps do not presently exist on the building. They are not on the
diagram. I believe 'the applicant is saying that they are not there.
That is correct. The staircase is not there at this time. However,
the application indicated that there would be a decking at the rear
and there is an area for decking at the rear and there is no indica-
tion that there's not going to be one. So I'm assuming there are
and that's what I'm directing my points to an this moment. If the
staircase, whatever you choose to call it, leading up to the deck
in the back is kept to 3 feet which is fairly reasonable, .....
CHAIRMAN GOEHRINGER: You're talking about width now?
MR. HOLDEN: .... is kept to that width, that would be acceptable
and certainly conforming, provided the staircase stairs at the
point indicated on the diagram: at the beginning of the rear por-
tion of the premises rather than at the entrance to the side door.
Now there's an entrance at the side door and I have a photograph.
The driveway that's on the side which has a retaining wall which
I don't think was on the original plans, and extends out at least
five feet into the sideyard. I'm not going to comment on it at
this time. If the deck staircase is to start at that area, it
would be out at least five feet plus the additional foot already
which would make it 6 feet out into the sideyard. I believe there
is some comments by the applicant and that there's a misunderstanding.
Page 3 - April 23, 1987
Public Hearing - Peter Markopo~!os
Southold Town Board of Appeals
MR. HOLDEN (Continued):
So what we're asking is that; if there is to be a conformity to
the plan~ and start at the rear as indicated in the plans to end
at the rear of the building and do not extend it the full length
of the decking. And I assume that would be the intention to con-
form to the plan. Otherwise, it would be four feet out and an
extension into the sideyard.
CHAIRMAN GOEHRINGER: Which would require an additional variance.
MR. HOLDEN: The other item is an erosion problem which has de-
veloped at the rear. I understand that when the building was
started, that the property owner to the rear of the premises had
to make an application to cease the construction until the resain-
ing wall was installed. Is that correct council?
CHAIRMAN GOEHRINGER: Mr. Holden, you must address the statements
up here. You can not ask questions.
MR. HOLDEN: I'm sorry. I didn't know if the council was aware
it took place. I don't wish to take advantage of him. The appli-
uaht t did take steps to correct the erosion. But in viewing the
steps that were taken, the retaining wall was not completed~ It
only extended a portion of the way. And as a result at this time,
there is still erosion coming down and not only eroding on to the
applicant's property, it is now eroding on to the adjoining proper-
ty which is the party I represent, my brother. May i present a
couple of photographs?
CHAIRMAN GOEHRINGER: Sure.
MR. HOLDEN:
side.
I just have a few photographs showing erosion on the
CHAIRMAN GEOHRINGER: Mr. Holden, what is your brothers name?
MR. HOLDEN: Robert and my name is William.
CHAIRMAN GOEHRINGER: Thank you.
MR. HOLDEN: It would appear that from the photographs, that the
sand has now gone onto the applicanss property around the rail-
road ties and it is now eroding onto the property of my brother.
Now, these would appear to have these corrected, the property above,
it was necessary for him to bring a lawsuit to have this corrected.
We do not wish to be placed in the position of bringing a lawsuit
against our fine neighbor. -And I would ask that when the Board
considers this application, then to consider the fact that at
present the correct measures taken, the intent to avoid erosion,
are incomplete and that the application have restrictions with
regard to that.
~age 4 - April 23, 1987
Public Hearing - Peter Markopoulos
Southold Town Board of Appeals
CHAIRMAN GOEHRINGER: Thank you.
MR. HOLDEN: Thank you.
MR. ARNOFF: Mr. Goehringer, may I possibly respond to some of
those? First of all, I think that it's incumbant upon the build-
er and the property there to comply with the plans as submitted
to this Board and submitted to the Building Department. We have
not come in here and asked to expand upon those plans. Similarly
any deck which is put forth in any of those plans, will, if it's
even installed, will comply with those plans. Obviously, as you
have correctly observed Mr. Goehringer, if in fact we go beyond
that, we're going to have to come back to this Board for appropri-
ate variances for that choice. In the interim, we are bound to
what we have submitted and we will comply with them. What we have
here, by the way, is not one foot as council would have you believe,
but I think you're dealing with fractions of feet here. We're
talking about'instead of 12 feet on the side that we're talking
about 11o7 feet at one point and 11.2 feet on the other and weWre
really in a dimineous situation. The other thing that I think
should be pointed out is the stairs that were not there. In
other words, the people have basicallly stopped work because of
the fact ~ that Mr. Lessard (and I might add, quite properly) re-
fused to issue a c.o. And as a matter of fact, issued a stop
work on this particular project. And we're awaiting this Board's
action. Now, as far as the retaining wall and things of that na-
ture, that work was not completed yet. But I submit, we have had
more rain this year than I can remember in the Springtime and there
is erosion everywhere. And we're all dealing with it as best we
can and I'm sure the Markopouios' will deal with it. They don't
intend to be bad neighbors. But we can't certainly, be called
upon to anticipate every possible thing that can happen~ All we
can do is what we should be doing to preserve our property and
not to adversely effect the contiguous owners and that's what we
intend to do. And I think that the application here is a very
simple one and I don't think expanding it, as Mr. Holden would
(in some way) have this BD~rd do and I don't quite fathom-how ~
this Board would be doing it. I don't think it's appropriate.
Thank you.
CHAIRMAN GOEHRINGER: Would you like to be heard?
. MR. HOLDEN: Yes. I don't wish to mislead the Board and there
was no statement that I'm asking anyone to expand anything. I
am asking that the Board maintain its restrictions that have been
placed on the applicant who will be a neighbor and who is here
today to make a request for an alteration to a restriction that
has apparently not been complied with which I don't think council
is aware. That foliage has already been given up and now there
is an additional foot and that is why~we're here° Thank you sir.
CHAIRMAN GOEHRINGER: Thank you. Is there anyb~d~S else who would
like tobe heard on behalf of this application? Hearing no further
questions, I'll make a motion closing the hearing reserving deci-
sion until later. Thank you for coming in.
Ail in favor - AYE.
SOUTHOLD TOWN BOARD OF APPEALS
MATTER OF LARRY AND SANDRA STAHL
THURSDAY, APRIL 23, 1987, PUBLIC HEARING
8:23 p.m. Appeal No. 3582 - Public Hearing commenced in the
Matter of LARRY AND SANDRA STAHL. Pool, deck and fence en-
closure, within 75 feet of tidal wetlands or tidal water,
whichever is greater. 1435 West Road, Cutchogue.
The Chairman read the legal notice and application for the record.
CHAIRMAN GOEHRINGER: I have a copy of a survey indicating a lot
of irregular size of approximately one acre. Requested by the
applicant is a proposed pool approximately 32 feet from a high
water mark at its closest point and 36 feet toward the rear of
the pool with the decking area and around (it appears to be) 4
feet. The pool is 20 by 40 in size. And I have a copy of the
Suffolk County Tax Map indicating this and surrounding proper-
ties in the area. Would you like to be heard Mr. Stahl? We
always have questions. Come on up to the mike. How high above
that specific, I would refer to it as a dune but that ends up
in ~.n to other problems, will this be sitting?
MR. SIEMERLING: Approximately 14 inches.
CHAIRMAN GOEHRINGER: 14 inches above that.
MR. SIEMERLING: Above it but then we grade it down with no fill
going in that creek.
CHAIRMAN GOEHRINGER: What about the situation of the decking?
What will the decking be around the perimeter of the pool?
MR. SIEMERLING: C.C.A.
CHAIRMAN GOEHRINGER: If this pool is so granted by the Board,
you would be required (probably) to support that with railroa~
ties so that there would be no water intrusion outside of that
specific pool area.
MR. SIEMERLING: That's no problem.
CHAIRMAN GOEHRINGER:
anyway?
Would the deck be locked to the house in
MR.SIEMERLING: According to the Building Department, it can not
be. It's got to be divorced.
CHAIRMAN GOEHRINGER: And are you anticipating any lights that
would be obtrusive to the neighbors?
Page 2 - April 23, 1987
Public Hearing - Larry and Sandra Stahl
Southold Town Board of Appeals
MR. SIEMERLING: None.
CRAIRMAN GOEHRINGER: Is there any way that the pool could be
cut down so that it would be less than 40 feet in depth?
MR. SIEMERLING: It's not going to be 40 feet now.
CHAIRMAN GOEHRINGER: I have 20 by 40 here.
MR. SIEMERLING: I'm sorry. Pool depth. I mean deep.
C~AIRMAN GOEHRINGER: I'm sorry. I'm standing here and looking
at in reference... Do they make an 18 by 38 or do they make a
16 by 32?
MR. SIEMERLING: A pool can be any size but this is what the home-
owner wanted. Does that ....
CHAIRMAN GOEHRINGER: The further you go out, the closer the pro-
jection ends up to be to the high water mark is what I'm saying.
in other words, you're going out. Conceivably, the way it looks
like to me here, that if you dealt with a 16 by 32 foot pool, you
would only be 36 to 38 feet from the high water mark.
MR. SIEMERLING: Would it help if we cocked it in a bit, if you
will? it's running parallel with the top of the berm now, if you
wil!~ If we just checked it in...
CHAIRMAN GOEHRAINGER: That's basically my question. Can you do
that?
MR. SIEMERLING: In a local sense, that's ok.
CHAIRMAN GOEHRAINGER: Yes. a question?
MR. : We were down there the other day, Charlie and
I. That bulkhead is piken.
MR. SIEMERLING: That's been up for several years. And we have
had a number of storms and it hasn't shifted, altered or gone
down. We're not going to go near that. We're not going to be
putting any fill and in any way, go near the top of that. I
understand what you're saying. We're not going to touch any of
that. What's happened has happened. Now, what's going to hap-
pen in the future, I don't know but we're not going to go near
that by 10 feet plus 14 feet away from the edge of that bank.
We won't go near it.
MR. : Still digging down 10 feet, you may disturb
it because you have nothing by sand there and you have no bulk-
head but a 2 by 8 piken. That should be re-enforced some how.
P~ge 3 - ApriI 23, 1987
Public Hearing - Larry and Sandra Stahl
Southold Town Board of Appeals
CHAIRMAN GOEHRAINGER: That's why I was referring to the two
walls. They should be actually constructed as the one we had
done out in Gull Pond and that was done with the railroad ties.
It should be around at least that two side periphery w~hichis
basically south and east. And Mr. Siemerling says he has no
problem with that.
MR. SIEMERLING: And if you want vegetation, you've got that
too. We aim to please.
CHAIRMAN GOEHRINGER: I thank you. We'll see what else develops
throughout the hearing. Is there anybody else who would like to
speak in favor of this application? anybody like to speak against
the application? I'm sorry, i should have paused in between that.
Hearing no further questions, I'll make a motion closing the hear-
ing reserving decision until later.
Ail in favor - AYE.
SOUTHOLD TOWN BOARD OF APPEALS
MATTER OF THE QUIET MAN INN
THURSDAY, APRIL 23, 1987, PUBLIC ,~HEARiNG
8:28 p.m. Appeal No. 3593 - Public Hearing commenced in the
Matter of THE QUIET MAN INN. addition in this "B-I" Zone with
an insufficient frontyard setback from westeriy! propertiy line
along Hobart Avenue. Corner of Main Road and Hobart Avenue,
Southold.
The Chairman read the legal notice and application for the record.
CHAIRMAN GOEHRINGER: I have a copy of a survey with the most re-
cent date of February 13, 1987 by Roderick VanTuy!, P.C. indicat-
ing a building in its present existance. The property is approxi-
matew!y 63.5 by 90. 63~ is on the Main Road. The other 90 is on
the east property side. 25 feet approximately in the rear and
97.99 feet on Hobart Avenue. And i have a copy of the Suffolk
County Tax Map indicating this and surrounding properties in the
area. Is there somebody who would like to be heard on behalf of
this application?
MR. MOORE: Good evening. William Moore with offices in Mattituck.
I'll make your evening real short. We'd like to recess that hear-
ing if we can. There's been some confusion on my part and I think
between the Planning Board and Zoning Board as far as how we can
go about getting the parking which is a problem right now. Also,
the Planning Board just wrote a letter in the last couple of weeks
saying they can not waive the parking requirements and the ques-
tionsd start to arise. Are them able to waive teh parking require-
ments or do we have make that a separate application of the Zoning
Board to reduce parking and where we're going with that. If I can
make a separate applicaton or tie it in somehow with this one with
some guidance, I'll do that. At the same time, I'd like to do a
variance that way. I will try and get a parking agreement for off-
side parking for it. I'll try and work on that but I can't be sure
that we can pull that off. The Planning Board's comment is a lit-
tle unclear and I spoke with Diane Schultz this morning. And she
understands teh Board's position that they can't waive parking re-
quirements. I guess the question comes to the Zoning Board and
they sit there and give a variance to parking space requirements.
We'll work on that.
CHAIRMAN GOEHRINGER: we probably would not.
to look for alternate parking.
So you might have
MR. MOORE: You probably would not grant a variance but would en-
tertain an application for a variance. We will try and get a park-
ing agreement. I can't be sure that we can pull that off. With
that in mind, I'd like to just adjourn it.
CHAIRMAN GOEHRINGER: Until when?
~Page 2 - April 23, 1987
Public Hearing - The Quite Man Inn
Southold Town Board of Appeals
MR. MOORE: Well if you wouldn't want to see us ~,.u~til we had 'the
Planning Board's parking situation squared awaY. 'I saw correspon-
dence from this Board saying they didn't really want to have us
before that.
CHAIRMAN GOEHRINGER: Well, why don't we make it for the first
meeting in June.
MR. MOORE: Your next meeting in May is?
CHAIRMAN GOEHRINGER: May 21st, ok?
MR. MOORE: Thank you.
CHAIRMAN GOEHRINGER: You're welcome. Is there anybody else here
tonight that would like to comment on this application that may
not be here on May 21st? Hearing no further questions, I'll make
a motion recessing the hearing until the next regularly scheduled
meeting.
Ail in favor - AYE.